“You need a lawyer who understands workers compensation insurance as well as the
carrier does.” J. Layne Smith
J. Layne Smith is an experienced workers compensation attorney who aggressively represents
employers in state and federal court proceedings, as well as administrative hearings.
Mr. Smith has previously litigated workers compensation insurance premium dispute cases
in the following states:
- Florida
- Alabama
- Georgia
- Louisiana
- Ohio
- New York
- South Carolina
- Texas
Mr. Smith has well over 30,000 hours of experience negotiating and defending employers
against insurance premium collection efforts, premium fraud disputes, coverage disputes,
criminal investigations, and subsequent criminal prosecutions.
Negotiating Premium Dispute Settlements
When facing workers compensation premium disputes with insurance carriers, it is less time
consuming and more cost effective to come to an agreement prior to litigation. Mr. Smith
understands this concern and strives to negotiate settlements for workers compensation
premium disputes with insurers, as well as state regulatory authorities. His experience
representing both insurance companies and employers allows him to bring various perspectives
to the negotiating table.
Defending Employers against Civil and Criminal Litigation
Should an insurance company refuse amicable settlement arrangements, Mr. Smith is fully
prepared to defend all cases against further litigation. He understands the complexities
of workers compensation and insurance laws, as well as the rules of procedure and evidence.
Mr. Smith is also familiar with the intricacies of workers compensation manuals relied upon
by insurance carriers. He has litigated workers compensation premium disputes involving:
- Audits
- Payroll/Remuneration
- Exempt Status for Independent Contractors
- Statutory Employees
- Out-of-state and Foreign Exposures
- The Borrowed Servant Doctrine
- Poor Claims Handling by Insurers
- Alleged Premium Fraud
- Statutory indemnity
- Statutory Claims for Ten Times Compensatory Damages
- Restitution Hearings in Workers Compensation Criminal Cases
- Employers’ Liability Claims
Premium Calculations and Classification Codes
In addition to the above claims, Mr. Smith has experience working with insurers to ensure
that premium rates are calculated properly. The National Council on Compensation Insurance
(NCCI) maintains a list of classification codes that are used when determining premium rates.
Misclassification of claims often leads to later workers compensation premium disputes.
Mr. Smith has experience working with the National Council on Compensation Insurance, as well
as insurance carriers, to ensure that the proper classification codes are applied. In addition
to determining proper classification codes, Mr. Smith has experience advocating for employers
with regard to:
- Eligibility for Coverage
- Experience Rating Modification Factors
- Retrospective Ratings
- Other Premium Calculations and Carrier Collection Efforts
Mr. Smith consults with employers to help them avoid or rectify mistakes that
may cost them additional, unnecessary premium. He also consults with attorneys and
serves as co-counsel, or as a consulting expert. Mr. Smith litigates cases outside
of Florida, pro hac vice.
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