In addition to my substantive qualifications, I am an experienced expert witness, having provided declaration, deposition, and trial testimony in many state and federal courts and ADR proceedings.
Since I am also an attorney, I understand both the "art" and law of using consultants and experts. This includes a wide range of issues (e.g., retention, disclosure, potential conflicts, discoverability of work and communications, scope of direct, cross-examination, and rebuttal testimony, legal standards for opposition to demurrers, summary judgments, etc.).
I often help attorneys to assess the merits and limitations of their client's and of other parties' contentions and positions; plan discovery and identify, obtain, and analyze relevant documents; draft pleadings or technical portions thereof; prepare explanatory exhibits; develop nuanced arguments to triers of fact and law; and prepare for the deposition and testimony of witnesses and of other experts. I help generate pertinent information, evaluate contentions, and de-mystify technical jargon and practices.
Substantively, I provide a broad range of analysis concerning workers compensation insurance premium issues. These include, but are not limited to:
- Payroll: alleged premium fraud and payroll fraud, recordkeeping, insurer audit practices, under-reporting and misreporting, allocation and segregation, independent contractors.
- Classification: proper assignment, inspections, reclassification, retroactive changes, dual-wage, appeals.
- Experience modifications: calculation, ownership changes, operational changes, impact of claims handling, appeals.
- Employment status: employee vs. independent contractor.
- Staffing Arrangements: PEO (Professional Employer Organization), employee leasing, temporary employment.
- Underwriting Conduct and Pricing Practices: applications, information requests, notices, certificates of insurance, binders, policies, coverage denial, non-renewal, cancellation.
- Insurer Pricing Practices: “pure premium,” interim, and final rates; debits, surcharges, deposits, security requirements, retrospective rating.
- Program Types: fronted and formal self-insurance, security requirements and valuation, high-deductibles, groups and pools, reinsurance, guaranteed-cost and loss-sensitive rating plans, retrospective rating adjustments, manual rules and interpretations.
- Marketplace Considerations: insurer quotes, competition, brokerage conduct.
- Regulatory Issues: insurance industry "custom and practice," insurer rate filings, WCIRB and NCCI issues and procedures, state insurance department appeals, compliance.
For further details, please contact me and/or refer to my Curriculum vitae .