We understand these are extremely uncertain times with the rapid spread of COVID-19 impacting virtually every facet of business and resulting in a wave of emergency legislation. Recently, the Families First Coronavirus Response Act (“FFCRA”) was passed requiring employers with fewer than 500 employees to provide employees with paid leave in certain circumstances related to…
DetailsAs the COVID-19 crisis makes it much more difficult for employers to make premium payments and disrupts the submission and processing of insurance claims, RPNA wanted to alert its friends and clients concerning recent efforts by the California Department of Insurance (CDOI) to assist policyholders. Specifically, Insurance Commissioner Ricardo Lara has recently issued two significant…
DetailsAlthough more work still needs to be done, RPNA, which proudly represents over 100 qualified medical evaluators (QMEs) and several QME management companies, was successful this week in its fight to persuade the Division of Workers Compensation (DWC) to take action to protect injured workers and QMEs during the rapidly exploding COVID-19 crisis through the…
DetailsAs California’s “shelter in place” Order enters its third full week, RPNA has worked closely with numerous business clients to plan their legal needs for the difficult times ahead. One of the questions RPNA is getting a lot is, “Do I have insurance coverage for this?” For those businesses that have purchased “business interruption” coverage,…
DetailsLast week, on behalf of a group of qualified medical examiners (QMEs), Nicholas Roxborough sent a letter to the Division of Workers’ Compensation (DWC) to issue an emergency regulation specifically allowing QMEs to perform evaluations via telemedicine during the current COVID-19 outbreak, not only to keep the cases moving but also to protect the health and…
DetailsA court will hear the State Compensation Insurance Fund’s contention that its tiered rating system algorithm was appropriately filed with the California Department of Insurance. State Fund convinced the court to reject requests by the CDI and an employer to deny State Fund’s petition– but just barely. The case affects the tier modifiers; it applied…
DetailsFor over 30 years, the law firm of Roxborough, Pomerance, Nye & Adreani has been defending the rights of employers, Primary Treating Physicians, and Qualified Medical Evaluators against discrimination, fraud, and malfeasance by California’s powerful workers compensation carriers, third party administrators, and even the Division of Workers Compensation. Recently, Mr. Roxborough and his firm defended…
DetailsIn yet another decision which diverges from federal interpretations of wage laws, the California Supreme Court held that the time employees spent at the end of each shift for an onsite security check was compensable under the applicable wage orders. In Frlekin v. Apple, employees sued Apple for the implementation of its “Employee Package and…
DetailsThe federal Department of Labor (DOL) recently announced a four-factor test for determining joint employer liability in various employment scenarios under the Fair Labor and Standards Act (FLSA). This is the first major revision to the FLSA about joint employer determinations since it was promulgated in 1958. In addition, the Dynamex decision and AB5 have thrown…
DetailsIn California, few industries are as heavily regulated as is the insurance industry. California has perhaps the strongest insurance laws in the nation designed to protect its policyholders, including regulations to ensure that carriers have sufficient resources to pay claims, to control the manner in which premiums are calculated, and to regulate specific language within…
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