Ruling States Unfiled Workers’ Comp Side Agreements Are Unenforceable RPNA attorneys Nicholas Roxborough and Ryan Salsig won a huge victory for California workers’ comp policyholders with the recent Federal Court decision stating Zurich can’t enforce side agreements that were not filed with the Workers’ Compensation Insurance Rating Bureau (WCIRB). What makes the July 9 decision…
DetailsCheck your pay stubs for compliance with California Labor Code Section 226. The latest trend in lawsuits against employers revolves around violations of CA Labor Code section 226 (the pay stub statute). Under previous law, if an employee, or class of employees, wanted to pursue a claim for violation of section 226, they had to…
DetailsAn insurance carrier and a policyholder have a contractual relationship. The policyholder pays premiums in exchange for insurance coverage for certain events and losses as set forth in the policy. Insurance bad faith occurs when an insurance carrier unreasonably fails to investigate or pay a covered loss, which happens more often than one might think. …
DetailsCalifornia law requires all employers to carry workers’ compensation insurance, which provides benefits to an employee who sustains a work-related injury and/or illness and covers payments for medical expenses and replacement income during the time when the employee is off work. As long as the business has at least one (1) employee, even a temporary…
DetailsJoseph Gjonola was a guest on KABC’s Gurvey’s Law, a radio talk show about “the intersection of law and life.” On June 6, 2015 he spoke on the topic of bad-faith insurance handling in the workers’ compensation cases, and the problems with “utilization review” that prevent injured workers from receiving medical treatment. Joseph Gjonola (introduced at approximately 31 minutes into…
DetailsRPNA’s Nick Roxborough Offers Expert Advice on Workers’ Compensation Side Agreements Arbitration clauses contained in side agreements to workers’ compensation policies have been a hotbed of controversy for years and a topic of focus in the June issue of California Lawyer. In his article titled “Side Agreements Derailed,” RPNA Partner Nicholas Roxborough takes a close…
DetailsRPNA’s Joseph Gjonola Advises Employers on the Role of the Workers’ Compensation Defense Counsel Joseph Gjonola, featured on the cover of Los Angeles Lawyer magazine, talks about the role of the workers’ compensation defense attorney in his article titled “Working Relationships.” He advises employers that workers’ comp defense attorneys typically do not work for employers…
DetailsIn a perfect world, when two parties come to a meeting of the minds, the complete and final agreement is memorialized in the written document. Legally speaking, contracts do not have to be written (although for many reasons, written agreements are preferred), but when they are, the written contract should fully represent the parties’ agreement.…
DetailsAn ongoing issue for many California employers relates to minimum wage laws. Often, businesses violate wage and hour laws without knowing it. Unfortunately, ignorance is not a defense should a disgruntled employee decide to take legal action against you. California minimum wage Although there are some exceptions, almost all employees in California must be paid…
DetailsWith summer just around the corner, many businesses are looking forward to the inexpensive and/or free labor provided by unpaid interns. What many businesses may not know is that courts are cracking down on what businesses are able to ‘get away’ with in terms of unpaid internships, as more and more unpaid interns file related…
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