Expert Witness & Attorney
Workers Compensation Insurance Premium Disputes

Attorney

Recent Cases

Recent cases I've handled included these issues, among others: 

  • Was the premium invoice correct?
  • Was the insurer's cancellation justified?
  • Should the insurer's  auditor have identified the information sooner?
  • Was the insurer's debit pricing  justified?
  • Can the insurer change the classification  retroactively?
  • How far back can the insurer collect premium due to audit changes?
  • Is the insurer's premium program legal? Does it violate its rate filings with regulatory authorites?
  • Can the insurer refuse to cover a company if an affiliate is insured elsewhere?
  • Should the employer's payroll reporting be considered fraudulent, or are the classification rules too complicated for the typical employer to understand?
  • How did claims-mishandling affect the experience modification?
  • Can the WCIRB attribute the old owner's claims experience to the new owner?
  • Can the insurer characterize "Independent Contractors" as employees and charge premium?
  • Can a licensed- self insurer also have an experience modification?
  • Has the District Attorney overstated premium fraud  damages?
  • Did the underwriter use appropriate judgment ?
  • What are the risks of "making things worse" if an appeal is pursued? 
  • Was the evidence of coverage  bogus when issued?  Should the broker have known?
  • Did the purchased insurance comply with  bond requirements ?
  • Could the WCIRB delay and then late-issue experience modifications retroactively?
  • How do the employer's unique operations affect its classification? 
  • What is a classification's history , and how should the changes be interpreted?
  • Could the insurer refuse to accept reconstructed payroll records
  • What is the effect on the experience modification if the former owner contracts with the new owner as a consultant ?

Read My Book

Levine Book Levine on California Workers Compensation Premium and Insurance

A Comprehensive Practical and Legal Guide to Premium and Insurance Issues, Strategies, and Disputes