Worker's Compensation Insurance

26 Q: What can an employer do if there is a dispute regarding a workers’ compensation classification code? A: If an employer questions its workers’ compensation insurance company’s assignment of a classification code, the employer should contact the broker-agent or insurance company underwriter for a discussion and/or explanation of the classification code in question. If an insurance company changes a classification code that results in an increased premium, the insurance company must inform the employer of the change in writing within 30 days in accordance with California Insurance Code Section 11753.1(b) (unless the reclassification is the result of a CDI regulation or under the authority of the Insurance Commissioner). If there continues to be a dispute regarding an existing or reclassified code, the employer can file a written complaint with its insurer, and if the employer still does not obtain any relief, it can file an appeal with the CDI. (Please see the contact information listed in the “Talk to Us” section.) Similarly, if an employer wants to dispute a classification decision made by the WCIRB, the employer can file a written inquiry with the WCIRB. If the inquiry is denied or is not responded to within 90 days, the employer may pursue its dispute by serving the WCIRB with a Complaint and Request for Action (CRFA). If the CRFA is rejected or not acted upon within 30 days, the employer can contact the CDI and file an appeal. (Please note the contact information for the WCIRB can be found in the “Resources” section of this brochure.) Finally, refer to the “What Workers’ Compensation Issues does the CDI Handle?” section of this brochure for related information on the appeals process for classification and experience modification issues.