For decades, RPNA has been leading the charge against unscrupulous practices by workers’ comp insurers, adding to its list of victories a case against Applied Underwriters where the courts ruled that Applied Underwriters can’t enforce the arbitration provision in side agreements that were not filed with the Workers’ Compensation Insurance Rating Bureau (WCIRB). With the March 16 decision in RPNA’s case Luxor Cabs v. Applied Underwriters Captive Risk Assurance Company, RPNA has carved a legal path to invalidate unlawful arbitration clauses so employers can confront their workers’ comp insurers in court.
Applied Underwriters’ EquiptyComp program has been under scrutiny in other states including Missouri, where a lawsuit has been filed by Hillyard Industries after its bills in the final two months roughly doubled the overall cost of the program. You can read more about this case and Roxborough’s expert commentary here. [subscription required]