The California Department of Insurance (CDI) just issued a ruling that is expected to speed up the resolution of many cases currently against Applied Underwriters. These cases address the same issues that the CDI had ruled on more than a year ago, which left in place the precedential decision in the Shasta Linen case and ended the dispute over the legality of Applied Underwriter’s EquityComp program and its associated unfiled side agreements (RPAs).Details
Two qualified medical evaluators (QMEs) who where challenging the Division of Workers’ Compensation’s decision not to renew their certifications were recently granted a trial on February 6, 2018. At that time, the Los Angeles Superior Court is expected to rule on whether or not the Division is using “underground regulations” to justify denying recertification to hundreds of QMEs.Details
RPNA’s camaraderie and winning culture was the focus of a feature article recently profiled in the Los Angeles and San Francisco Daily Journals, California’s largest legal news provider. The article talks about the early stages of RPNA, which was built upon the foundation of friendship and earned a reputation for handling complex issues employers face with their insurance providers.Details
Workers’ compensation insurance costs are directly tied to the classifications assigned to a business. An employer may be forced to pay more in premiums if the Workers Compensation Insurance Rating Bureau (WCIRB) or insurance carrier incorrectly assigns a more expensive classification.
While the Insurance Commissioner relies on the WCIRB to develop classification rules, RPNA recently succeeded in overturning two WCIRB classification assignments. And it did so after a hearing in front of an administrative law judge assigned by the Insurance Commissioner.Details
RPNA’s Nicholas Roxborough Fights For Due Process of Law in Case Against the Department of Industrial Relations
The Department of Industrial Relations’ (DIR) new criteria for determining who can serve as a QME without going through due process is the center of a new controversy and complaint against the DIR and its director, Christine Baker. Employers rights attorney Nicholas Roxborough filed the suit in the Los Angeles County Superior Court on behalf…Details
RPNA Partner Nick Roxborough is teaming up with several other dynamic speakers to share his expertise on the hot topic of workers’ compensation issues at the CWC Risk Conference on September 8, 2017. With breaking news involving recent indictments and precedential bad faith claims mishandling decisions, the expert panel will discuss the ripple effect of fraudulent activities that have had and will…Details
RPNA Partner Drew Pomerance is joining the esteemed Employment Law Panel at CAALA’s Annual Las Vegas Convention on September 1, 2017 at the Wynn Hotel. The expert panel will present hot topics in employment law such as wrongful termination, gender and racial discrimination, equal pay, and whistleblower cases. Mr. Pomerance will be focusing on the latest developments in wage and hour law, including “off-duty” rest breaks, “on-call” meal periods, “call-in” scheduling, and class action waivers. He will also provide an update on PAGA claims and key legislation to watch. Mr. Pomerance is a regular speaker at the Consumer Attorneys Association of Los Angeles’ annual conference, touted as the largest convention of trial attorneys in the nation with over 2,800 attendees. For more information about the conference and to register, visit http://caalavegas.org. To learn more about Mr. Pomerance’s practice, click here.Details
RPNA Partner Drew Pomerance is scheduled to speak on August 29, 2017 at the California HR Conference (CAHR) in Long Beach. As one of the principal attorneys in the landmark Supreme Court decision in Augustus v. ABM, he will be exploring the impact of this ruling on rest break requirements and clarify employers’ obligations to employees. He will also offer the latest strategies employers can use to minimize their exposure to wage and hour litigation and protect themselves from class action suits, which can spiral out of control and result in a huge uninsured risk.Details
The issue of Applied Underwriters’ ‘bait and switch’ marketing tactics to sell its workers’ compensation product was the focus of a recent San Fernando Valley Business Journal Article. The article highlighted RPNA’s case against the Berkshire Hathaway subsidiary (Luxor Cabs v. Applied Underwriters Captive Risk Assurance Company) as well as a similar case (Shasta Linen Supply, Inc. v. Applied Underwriters, Inc.), which prompted the California Department of Insurance (CDI) to hold Applied Underwriters accountable for its unlawful practices and comply with well recognized state filing requirements.
Referencing CDI’s settlement with Applied Underwriters, Nick Roxborough stated, “The settlement is a good first start for policyholders of Applied Underwriters in that it renders the Shasta Linen decision precedential for all policyholders similarly situated to the Shasta Linen plaintiffs.”Details
Drew Pomerance was named by the Los Angeles and San Francisco Daily Journals as one of the top labor & employment lawyers in California. More than 175 lawyers, judges, and in-house counsel from around the state attended the special reception held at The Montage in Beverly Hills on July 18 to honor those selected for this prestigious award.Details
Decision shows employers and excess carriers are on same footing in TPA claims mishandling
RPNA won a significant claims mishandling case on behalf of Swiss Re, one of the world’s leading providers of reinsurance. After a three week trial, the superior court ruled that Sedgwick TPA Specialty Risk Services (SRS) committed seven distinct acts of negligence in handling a workers’ compensation claim that caused damages of nearly $6.8 million. Combined with prejudgment interest, the verdict totals in excess of $9.1 million.
“We litigated tenaciously for years,” explains RPNA partner Michael Adreani, who co-tried the case with RPNA senior partner Drew Pomerance. “It’s probably the most contentious litigation I’ve ever handled.”Details
Last week, the California Department of Insurance (CDI) reached a settlement agreement with Applied Underwriters, holding the Berkshire Hathaway subsidiary accountable and ending its bait-and-switch marketing tactics to sell its workers’ compensation products. Applied Underwriters has agreed to drop its petition to block the CDI’s enforcement action and come into compliance with well recognized state filing requirements.
Applied Underwriters’ products has spurred a wave of litigation and enforcement actions from regulators in multiple states, including Vermont, Wisconsin and New York. In the California cases Luxor Cabs v. Applied Underwriters Captive Risk Assurance Company—which was successfully handled by RPNA—and Shasta Linen Supply, Inc. v. Applied Underwriters, Inc., the courts ruled against Applied Underwriters, voiding its EquityComp Reinsurance Participation Agreement since it was not filed with the CDI and was therefore unenforceable.Details