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 a September 28 article, what makes this suit of particular interest is that it challenges the way Applied structures, sells, and operates its SolutionOne workers’ comp and payroll program. The plaintiff maintains that Applied Underwriters uses an unfiled and unapproved Reinsurance Participation Agreement (RPA) to siphon off money that should be reserved to pay claims, according to the article.

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,…

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…

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 decision in RPNA’s case Luxor Cabs v. Applied Underwriters Captive Risk Assurance Company significant is that it’s the first decision in a California court to state expressly it is the court, not arbitrators, who will decide whether or not arbitration clauses are enforceable. It is also the first California decision to state expressly that arbitration clauses are void and unenforceable when the underlying agreements have not been filed with the WCIRB, an issue being litigated in many other jurisdictions across the country.

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 escape from the fact that they conspired in their attempt to put Electronic Waveform out of business, at the expense of injured workers who were suffering from pain and had work-related conditions,” says Roxborough.

RPNA Secures California Farm Labor Contractors’ Right To Self-Insure Their Workers’ Compensation

Los Angeles employers’ rights firm Roxborough, Pomerance, Nye & Adreani, LLP announced today that Nicholas Roxborough and Ryan Salsig secured a win for their clients in a case against the California Department of Industrial Relations (DIR) and the Office of Self Insurance Plans (OSIP), who had sought to revoke the certificates of consent to self-insure of licensed California farm labor contractors Esparza Enterprises, Inc.; Valley Harvesting & Packing, Inc.; and affiliate members of California Farm Management Inc. (CFM), a self-insured group (SIG) managed by Self-Insured Solutions. All told, OSIP had sought to revoke the certificates of consent to self-insure of sixty-three different farm labor contractors based solely on their status as licensed farm labor contractors.

Nicholas Roxborough Speaks at CWC & Risk Conference

Nicholas Roxborough spoke at the CWC & Risk Conference at the St. Regis Monarch Beach hotel in Dana Point on October 1. More than 1,500 risk management professionals convene to learn from industry experts about cost containment solutions for employers, identify best practices, and network.

The highly interactive session, titled “Employers, Brokers, Attorneys and TPAs–Saving Millions of Dollars With a Winning Team,” will share insights on:

RPNA’s Nicholas Roxborough featured in California Lawyer Magazine

RPNA’s Nick Roxborough Offers Expert Advice on Workers’ Compensation Side Agreements Arbitration clauses contained in side agreements to workers’ compensation policies have been a hotbed of controversy for years and a topic of focus in the June issue of California Lawyer. In his article titled “Side Agreements Derailed,” RPNA Partner Nicholas Roxborough takes a close…

Roxborough to Join COIN Advisory Board

Nicholas Roxborough has been invited to join the Advisory Board of California Organized Investment Network (COIN). COIN’s vision is to serve as a national model to provide leadership in increasing insurance industry investment in underserved and rural communities throughout California.

For more information on Nick’s practice, please click here.