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
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…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…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.
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…Details