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The Supreme Court finally begins to question the BWC’s “Discretion” in Mandamus cases where the standard is “abuse of discretion.”

Wednesday, August 30, 2023

In two recent decisions it appears that the Supreme Court is taking the BWC to task for what was historically attributed to the BWC’s wide discretion in classifying employers for premium purposes. The Supreme Court is requiring that BWC orders addressing premiums set forth the basis for their decisions rather than pronouncing classification changes.

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