AuditBible
June 22, 2017, 01:30:23 PM *
Welcome, Guest. Please login or register.
Did you miss your activation email?

Login with username, password and session length
 
   Home   News Alerts Help Search Calendar Members Contributions Staff List Login Register  

Del.icio.us Digg FURL FaceBook Stumble Upon Reddit SlashDot Google Bookmarks

Pages: 1   Go Down
  Add bookmark  |  Print  
Author Topic: WCIRB and C&R Minutes Authority Diminished  (Read 2206 times)
 
0 Members and 1 Guest are viewing this topic.
auditor1
Chief Scribe
Administrator
*****
Offline Offline

Posts: 95



Activity
40%


View Profile WWW
« on: October 10, 2008, 10:31:50 AM »

In the good old days, auditors had plenty of resources to help them make classification and employment status determinations.  The old manual (pre-open rating, effective 1-1-1995) actually included a section containing the factors used to determine the employment status of contract labor; the Bureau would assist in making employment status determinations (and would find test audit errors on them as well); and the Classification and Rating Committee Minutes were must-read material for keeping up-to-date on the latest decisions since C&R decisions superseded the manual.

Open rating quickly eroded the Bureau’s authority.  Then, as described in the 2/9/1999 C&R Minutes, then Insurance Commissioner Chuck Quackenbush provided notice to the C and R Committee of his intention to adopt regulations on an emergency basis to implement and consolidate the appeals process pursuant to Government code 111346.1(b).

Shortly thereafter, classification and employment status appeals were no longer heard by the C and R Committee but by administrative law judges (ALJ’s) from the CA Department of Insurance (CDI) that preside over trial-like administrative hearings to resolve disputes between the CDI and employers affected by its decisions.  Although the Rating Bureau is not a government agency, it is a quasi-government agency licensed by the CDI, making it subject to Government code 111346.1(b).
 
Authority for these issues now rests with the CDI and the courts: the Workers Comp Appeals Board (WCAB – for employment status determination of claimants), the Appeals Courts and, of course, the Supreme Court. 

According to the 2/8/00 C&R Minutes, this shifting of the appeals process from the C&R Committee to the CDI resulted in a reduction in the number of appeals brought before the Committee, and that the only appeals appropriately brought before the Committee, “…would involve test audit issues being appealed by the carrier.  The other areas requiring Committee action deal with administrative issues impacting insurers and proposed amendments to plans or endorsement forms.”

Therefore, while posts made on AuditBible may reference C&R Minutes to discuss classification and employment status issues, our readers must keep in mind that the C&R Minutes are no longer authoritative in deciding disputes in these matters.  Nevertheless, C&R’s may provide valuable insight into the rationale intended for the application of classifications and the determination of employment status as long as the information has not become outdated by more recent rule changes, legal decisions, or legislation.  C&R's may not have authority, but they are not without value.

You can access authoritative resources here:

•   Summaries of You must login to view links.
Register or Login
WCAB case law regarding employment status

•   Searchable Lexis-Nexis database for You must login to view links.
Register or Login
California Appellate and Supreme Court opinions

•   The You must login to view links.
Register or Login
CDI’s Index to Precidential Decisions
(we're working on a summary for you on You must login to view links.
Register or Login
KWA Safety & Hazmat Consultants, Inc. v. SCIF (2002) AHB-WCA-01-22
, which is the only decision regarding employment status so far).
« Last Edit: September 16, 2014, 04:47:02 PM by auditor1, Reason: spelling correction » Logged
Pages: 1   Go Up
  Add bookmark  |  Print  
 
Jump to:  

Related Topics
Subject Started by Replies Views Last post
C and R Minutes and Agendas Links AuditorBob 1 2084 Last post July 10, 2014, 02:52:59 PM
by beancounter
WCIRB Test Audit Program to include Out-of-State Policies Manual Rules & Legislation beancounter 0 5021 Last post August 19, 2009, 03:09:55 PM
by beancounter
WCIRB Presentation January 20, 2011 at CIAMA Manual Rules & Legislation beancounter 1 3462 Last post April 28, 2011, 06:18:06 PM
by OhioBean1
WCIRB Launches CA Workers’ Comp Coverage Inquiry Website Links auditor1 1 8284 Last post March 06, 2012, 08:00:57 AM
by beancounter
WCIRB Classification Search tool AuditBible Tools beancounter 0 4771 Last post January 17, 2014, 11:18:03 AM
by beancounter
Bureau of Electronic & Appliance Repair, Home Furnishings & Thermal Insulation Links beancounter 0 749 Last post March 13, 2015, 12:25:18 PM
by beancounter
Bureau of Electronic & Appliance Repair, Home Furnishings & Thermal Insulation Links beancounter 0 1044 Last post March 13, 2015, 12:25:42 PM
by beancounter
CheapOair.com

Bake Me  A Wish

Nunn Bush

BareNecessities.com

LampsPlus.com- America's Lighting Superstore

My Wines Direct Give the Gift of Wine 728

TRX: Make Your Body Your Machine

Unique Hits: 1725810
Powered by MySQL Powered by PHP Powered by SMF 1.1.21 | SMF © 2015, Simple Machines
AuditBible © 2008 | Sitemap
Valid XHTML 1.0! Valid CSS!