No single agency or forum governs all types of workers compensation premium disputes, nor are the lines of jurisdiction always clear. For example:

• In California, the WCIRB decides whether a classification change is retroactive for purposes of the insurer’s reporting of workers compensation data. However, courts, rather than the WCIRB, determine whether additional premium resulting from a retroactive classification change may be charged. 
• A dispute over policy cancellation, which can affect premium, may be the subject of a “Complaint and Request for Action” filed with the insurer. However, if the policy cancellation is for failure to pay additional premium resulting from a classification change, a “Complaint and Request for Action” to the WCIRB may be necessary.
• An appeal to the Insurance Commissioner is generally available to challenge insurance company and/or WCIRB decisions regarding data reporting rules. However, although these rules require reporting of payroll for all employees (but not independent contractors), the Commissioner does not decide whether individuals are employees or independent contractors.
• Under the legal doctrine of “administrative exhaustion,” courts may decline to hear a workers compensation insurance rate or premium dispute (or a defense to a premium collection suit) if pertinent issues are not first resolved by the WCIRB and/or Insurance Commissioner. Conversely, if a lawsuit is not timely filed before an administrative decision is rendered, it may be too late to sue even after the administrative decision is obtained.

These examples illustrate that workers compensation premium disputes can be very complicated. They may and often do involve overlapping issues involving different  agencies and jurisdictions. Knowledgeable advice concerning technical workers compensation premium issues, and applicable legal and administrative remedies is often crucial to determining when and how to prosecute or defend a premium complaint or appeal.