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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 114041
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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In their annual audit I have provided our workers compensation

Customer Question

In their annual audit I have provided our workers compensation insurance carrier with a list of our employees including a custodian. For 3 years they lumped the custodian together with our church staff with the 8840 modifier. Our new insurance carrier based their initial coverage on the past insurers audit, but now has separated the custodian, using modifier 9015, and wants to back-charge us for premiums for the previous year. Two questions: 1) Are we liable to pay the back premiums; and 2) Do we have any recourse with our previous carrier.
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If your previous carrier made the mistake, the carrier can make you make up what you should have been paying. Also,your new carrier can reclassify the custodian and charge you their correct rates based on the reclassification. As far as your previous carrier, if this carrier insists on back premiums, then you have to sue your previous carrier for negligence and misrepresentation to make them liable for any damage their mistake may have caused you.