Once Again, Berkshire Hathaway’s Applied Underwriters is Sued By Another Employer

When it comes to cases against Applied Underwriters, RPNA’s Nick Roxborough is the go-to expert for commentary. Workers’ Comp Executive reached out to Nick regarding the most recent lawsuit against Berkshire Hathaway’s subsidiary filed in New York. The plaintiff is seeking a $6 million bond and at least $18 million in trebled damages. According to…

Roxborough Comments in Workers’ Comp Executive Article About New Oder Barring Applied Underwriters’ EquityComp Program

Workers’ Comp Executive recently reached out to Nicholas Roxborough to comment on the new cease and desist order signed by California Insurance Commissioner Dave Jones, barring Applied Underwriters from selling its EquityComp program in California. Roxborough told Workers’ Comp Executive that, “the Order provides additional evidence that Applied has engaged in wrongdoing. It provides exquisite foundational evidence for existing lawsuits,…

Employee Wellness Program Notices Required Under New Rules

An employee wellness program, also called a “worksite wellness program”, is intended to promote and support employee health, safety, and well-being and “increase productivity, boost morale, and reduce stress”. Following a handful of discrimination lawsuits relating to these programs, the Equal Employment Opportunity Commission (EEOC) recently issued two new rules under the Americans with Disabilities…

RPNA’s Nick Roxborough In The News

In a recent Workers’ Comp Executive article, RPNA co-managing partner Nick Roxborough was asked to comment on California Insurance Commissioner Dave Jones’ decision regarding Applied Underwriters’ EquityComp Program. Roxborough said he wouldn’t be surprised if Applied Underwriters’ certificate is eventually pulled stating that the decision “effectively kills the program in California as it exists now.” The RPA (reinsurance participation…

Nicholas Roxborough Honored by United Cerebral Palsy

RPNA co-managing partner, Nick Roxborough, was honored by United Cerebral Palsy of Los Angeles at the 20th Annual UCP Golf Tournament on June 6. More than 300 people attended the tournament and gala dinner that followed, raising approximately $400,000 for the organization. As the former President of the Spastic Children’s Endowment Foundation, having served as…

New Overtime-Pay Rule Expected to Swell Payroll Costs and Increase Wage and Hour Lawsuits

For the first time since 2005, the United States Department of Labor has issued an updated regulation automatically extending overtime pay eligibility to 4.2 million “white collar” workers previously exempted from the Fair Labor Standards Act overtime pay requirements. The updated regulation is almost certain to swell payroll costs and increase wage and hour lawsuits.…

Courts Decide Whether Arbitration Clauses Are Unenforceable, Not Arbitrators

RPNA attorneys Nicholas Roxborough, Joseph Gjonola and Ryan Salsig won a victory for California workers’ comp policyholders with the recent court decision stating Applied Underwriters, a subsidiary of Berkshire Hathaway, can’t enforce the arbitration provision in side agreements that were not filed with the Workers’ Compensation Insurance Rating Bureau (WCIRB). What makes this March 16…

Federal Court Denies Motion To Dismiss Racketeering Claims Against California’s Largest Workers’ Comp Carrier

A U.S District judge has denied motions filed by State Compensation Insurance Fund (SCIF) and EK Health Services Inc. to dismiss conspiracy, trade libel and RICO claims against them, allowing Electronic Waveform Lab to proceed with its civil complaint, according to plaintiff attorney Nicholas Roxborough of Los Angeles based law firm Roxborough, Pomerance, Nye & Adreani LLP (RPNA). “Now, neither State Fund nor EK Health can…