Expert Witness & Attorney
Workers Compensation Insurance Premium Disputes

Expert Witness

Expert Witness

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 .

What people are saying

Sample (Actual) Case Comments #4:

Thanks Art, you were great, [the settlement] is all signed and sealed.

J. Grant Kennedy, Esq., Trial Attorney

Sample (Actual) Case Comments #5

Art - We settled the case today. Thank you for your valuable expert input. It was a big help.

Michael. R. Daymude, Attorney at Law

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