In a long awaited landmark ruling, the Supreme Court ruled 5-4 that under the Federal Arbitration Act (“Arbitration Act”) arbitration agreements requiring individualized proceedings, barring the ability of an employee to bring or participate in a class action, must be enforced and neither the Arbitration Act’s saving clause nor the National Labor Relations Act (“NLRA”)…Details
Drew Pomerance has been named Class Actions Lawyer of the Year by Finance Monthly, a multi-platform publication that provides finance news and analysis to a global readership of C-suite executives, company directors, investors and entrepreneurs.
RPNA’s Nick Roxborough commented about his current case against Applied Underwriters in a Workers’ Comp Executive article that discusses the growing number of disputes involving Applied Underwriters’ EquityComp program since the California Department of Insurance (CDI) handed down its precedential decision several years ago in the Shasta Linen case.
RPNA’s Nicholas Roxborough recently represented the interests of California employers concerning public commentary held by California Department of Insurance (CDI) officials involving major stakeholders in the workers’ compensation system. Mr. Roxborough addressed issues regarding large deductible policies, affecting RPNA’s clients, as the CDI moves to finalize new regulations by the end of the year.Details
Not only can staffing agencies take a breath of relief with the recent California appellate decision in Serrano v. Aerotek, but all employers can benefit by the guidance this decision offers as it applies to meal break. In Serrano, the employee plaintiff sued Aerotek, a global recruiting and staffing agency, and Bay Bread, the worksite employer, for…Details
RPNA Wins Victory for California QMEs In Settlement Agreement with the California Department of Workers’ Compensation
The California Division of Workers’ Compensation (DWC) reached settlements in the cases Dr. Howard, et al. v. DIR, DWC, Christine Baker, et al. (collectively “DWC”) and Dr. Botros, et al. v. DWC, agreeing to abandon its interpretation of billing rules which the agency wrongfully imposed starting in 2016 and used to deny doctors reappointment as qualified…Details
For two years, RPNA’s Nick Roxborough has been leading the fight against the Division of Workers’ Compensation’s (DWC) underground rule-making, which is impacting hundreds of QMEs in California. He recently filed an amended complaint with the Los Angeles County Superior Court, adding a new allegation that the DWC used underground rules relating to time spent on medical research as a basis to deny reappointment…Details
In RPNA’s case (Howard v DIR), LA County Superior Court Judge James Chelfant opined that the Division of Workers’ Compensation relied on unenforceable underground regulations when it denied applications for reappointment from two QMEs and unreasonably delayed hearings when the doctors objected. According to Nick Roxborough, the judge’s decision means the division “can’t continue to…Details
RPNA continues to fight against unlawful WC side agreements. Nick Roxborough recently finished hearings before a DOI administrative law judge in the case Davidson Hotel v. Travelers. Once again, another carrier is attempting to illegally enforce the terms of its unfiled workers’ compensation side agreements, subjecting employers to out-of-state arbitrations, over collateralization, and overpayment for coverage due to poor claims handling. RPNA…Details
The California legislature was certainly busy last year, resulting in a number of new and significant employment laws effective January 1, 2018. Employers should take note of the following key developments and review their policies and practices—preferably with counsel—to ensure they are in compliance and limit their potential exposure.
A leading insurance trade journal, Workers’ Comp Executive, has named RPNA’s Nick Roxborough and his work involving employer battles against insurance carriers—in this instance, Berkshire Hathaway subsidiary Applied Underwriters—as the No. 1 story in 2017. Roxborough was identified as one of two attorneys “leading the fight in cases against Applied.” RPNA is proud…Details
WorkCompCentral Highlights The Question of Jurisdiction and Underground Regulations in RPNA’s QME Suit Against DIR
RPNA’s suit against the Department of Industrial Relations (Howard v DIR) was yesterday’s WorkCompCentral’s top story, and is being followed by the entire California QME community, as well as various governmental entities. Central to this continuing story is the issue of jurisdiction over the case, which is being challenged by Nicholas Roxborough on behalf of…Details