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…

Employment Law Update For 2016

Throughout 2015, the legislature passed a number of laws that have now taken effect in the new year, and which will affect the employer-employee relationship. Below is a brief summary of some of the more important laws, and how they may impact you as an employer. The Fair Pay Act, SB 358, amended Labor Code…

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…

Workers’ Comp Executive Features Nick Roxborough

Workers’ Comp Executive recently studied the issue of whether or not the Division of Workers’ Compensation is biased against RPNA client Electronic Waveform Labs, maker of the H-Wave electronic stimulation device. According to the article, the dispute stems from the proposed update of the Medical Treatment Utilization Schedule’s chronic pain guidelines and the development of…

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…

New X-Mod Formulas Approved

New x-mod formulas have been approved and employers should be focusing on limiting the number vs. cost of claims. Changes are afoot in how experience modifications are going to be calculated. An experience modification or “X-Mod” is a percentage calculated by the Workers’ Compensation Insurance Rating Bureau (“WCIRB”) based on an employer’s payroll, number of…

‘Business Insurance’ Features Drew E. Pomerance in Article on FLSA Audits

A recent article in Business Insurance touched on new Labor Department guidance on classifying workers as employees versus independent contractors, which is expected to increase litigation against employers. Experts recommend that firms, particularly those with a significant number of independent contractors, conduct an audit now to ensure they are classified properly under the Fair Labor…