The issue is an allegation by small business owners that the Ohio Bureau of Workers' Compensation wrongly awards unrealistically huge premium discounts to employers who are members of groups designed to minimize risk.  They say the system is unconstitutional because it forces thousands of companies who are not part of groups to subsidize the others.

A judge previously ruled the lawsuit could proceed as a class action, increasing the number of participants. The Ohio 8th District Court of Appeals in Cleveland upheld that decision Thursday.  The Bureau of Workers' Compensation spokesman, Bill Teets, said Monday the agency was weighing an appeal to the Ohio Supreme Court.