Burden of Rebutting Presumption on Employer

The Second Appellate Division of the California Court of Appeals, on Friday, in an unpublished decision, ruled that the burden shifts to an employer to rebut the 90 day presumption of LC 5402 when contesting an increase in its experience modification rating factor under the Unit Statistical Plan found in Title 10 of the CA Code of Regulations.In Simi Corporation vs. WCIRB, John Garamendi, etc. (B149374, 03/28/03) Simi purchased workers' compensation insurance from Superior Pacific Casualty Company, then known as Pacific Rim Assurance Company, for two years commencing December 31, 1989. The t...