Zurich U.S., et al. v. Workers’ Compensation Appeals Board, et al.

Case Updates

NCLC filed an amicus letter brief supporting thirty-three workers’ compensation insurers, self-insured employers, government entities and third party administrators who are challenging the constitutionality of the WCAB’s decision to adjudicate class actions. The insurers are defending against a class action filed by eleven applicants, on behalf of a proposed class consisting of anyone who had a compensable workers’ compensation claim since 1990 and is potentially entitled to interest on any delayed workers’ compensation payments already paid. NCLC argues that if the class action is permitted to proceed, it will create a substantial drain on the WCAB’s resources, increase costs for employers and insurers, and may open the door to abusive class actions. If companies are exposed to potential class actions every time there is a worksite injury, the cost of insurance coverage is likely to skyrocket and the workers’ compensation system will become even more overburdened.