Mark Webb, Author at Insurance Thought Leadership



Mark Webb

Mark Webb

Mark Webb is owner of Proposition 23 Advisors, a consulting firm specializing in workers’ compensation best practices and governance, risk and compliance (GRC) programs for businesses.

In addition to being a member of the Arizona state bar, Webb has been a lobbyist for insurance organizations and also a deputy director of the Arizona Department of Insurance.

Webb holds a BA degree in political science from the University of Arizona and a JD degree from the University of Arizona, College of Law.

Recent Articles by Mark Webb

Perspective on the Pandemic

On March 2, the California Future of Work Commission released its final report. It includes the key findings and its recommendation for a new social compact for work and workers in California by 2030. When the commission began its work in 2019, the focus was on technological disruption of traditional employment. But, as the report […]

Epic Policy Failure on Contractors

“The rest, in swarms, will overrun the boat deck They’ll lose all sense of right and wrong It will be every man for himself, all right! The weak thrown in with the strong!” Titanic, A New Musical (1997) On April 30, 2018, the California Supreme Court issued its opinion in Dynamex Operations West, Inc. v. […]

WC’s ‘Grand Bargain’ Hangs in the Balance

“Existential” is a word used far more often than it should be these days. Its importance has been diluted with its too easy and too frequent use as an adjective to assign far greater weight to events, people or things than are deserved. And yet, this is the adjective most often used when considering the COVID-19 […]

What CCPA Press Release SHOULD Say

On Jan. 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) is in effect. So, too, is the law governing so-called data brokers. To understand the CCPA, it is sometimes important to suspend belief. What follows is a parody, a form of communicating that seems particularly appropriate for the CCPA and its $55 billion […]

Vast Implications of the CCPA

The California Department of Finance recently wrote a Standardized Regulatory Impact Assessment (SRIA) of the California Consumer Privacy Act of 2018 (CCPA). The SRIA was prepared for the Department of Justice, the primary regulatory body, whose work is hoped to provide some clarity over what remains a confusing array of obligations for most California businesses. […]

Implications of Ruling on Gig Workers

What is remarkable about the debate over California Assembly Bill 5 (Gonzales) is how unremarkable the issues actually are in the debate over the Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903. Of course, as has been well-documented, the Dynamex holding and AB 5 could […]

Keys to California’s Consumer Privacy Act

On June 26 of this year, Connecticut Gov. Ted Lamont signed HB 7424, the state budget bill. Among the provisions in this over 200-page piece of legislation: “The bill repeals the state’s information security program law, replacing it with provisions substantially similar to the National Association of Insurance Commissioners (NAIC) insurance data security model law.” […]

The Risk in A.M. Best’s Innovation Scoring

On March 14, insurance credit rating agency A.M. Best released its Scoring and Assessing Innovation (Draft). Per its press release, “AM Best defines innovation as a multistage process whereby an organization transforms ideas into new or significantly improved products, processes, services or business models that have a measurable positive impact over time and enable the […]

Blockchain, Privacy and Regulation

The past several months have seen increased activity and focus on the promising technology of blockchain and its potential in the insurance industry. Blockchain has also reemerged as an important issue in the European Union (EU) following the go-live date of the General Data Protection Regulation (GDPR) on May 25 of this year. As a […]

Long-Awaited Ruling in King v. CompPartners

The long-awaited decision by the California Supreme Court in King v. CompPartners (2018) S232197 is finally out. In it, the court unanimously held, through a majority and two concurring opinions, that a claim for malpractice against a utilization review (UR) physician for injuries arising from a review decision for the treatment of a compensable injury […]

Key Ruling on Who Is a Contractor

Sometimes you’re the disruptor. Sometimes you’re the disrupted. In an 85-page missive, the California Supreme Court, in Dynamex Operations West vs. Superior Court (2018), S222732, unanimously left no doubt that for wage and hour purposes fewer individuals will be independent contractors. Commentators nationwide were quick to opine that this was a major blow to the […]

Congress Reins in OSHA on Records

As part of efforts by Congress to overturn various regulations published during the waning days of the Obama administration, the House of Representatives on March 1 passed HJR 83 on a largely party-line vote. The resolution, unlike what we have come to expect in congressional work product, is a model of conciseness: “That Congress disapproves […]

When Culture Can Be a Corporate Cancer

“It is better to ask forgiveness than permission.” If there is one phrase that should be permanently deleted from the lexicon of the business world, this is the one. The statement is categorically false, both conceptually and legally. The pervasive nature of this attitude, engrained into the psyche of far too many business leaders by […]

Return to Work Remains a Problem

According to one published report, (WorkCompCentral, March 4, 2016, “$100 Million in Workers Benefits Sits Unused”), only 3,955 checks have been issued to injured workers from the Return to Work (RTW) Fund established in Senate Bill 863. The checks total slightly less than $20 million, leaving an additional $100 million untapped by injured workers. According […]

Back to the Drafting Table on Work Comp

Recent Supreme Court decisions in Oklahoma, Florida and — to a far lesser extent — Utah – have touched off a firestorm of debate over the so-called interference of the judiciary in the administration of state workers’ compensation systems. But the real issue in these cases is not the specific interpretations of complex laws; it is […]

Legislative Preview for Work Comp in 2016

Common wisdom suggests that major workers’ compensation legislative activity won’t take place during an election year. For 2016, that would seem to hold true. That is not to say, however, that various interested parties will be sitting idly by, waiting for the clock to turn to 2017. CENTERS FOR DISEASE CONTROL ADD TO THE LIST […]

Good Answer (Maybe) on Opioids in California

The California Workers’ Compensation Institute (CWCI) has added its voice to the growing national consensus that greater controls are needed over the use of Schedule II medications in workers’ compensation medical treatment and disability management. But the CWCI research must be analyzed in a broader context. First, we continue to view the abuse of these […]

Paging Dr. Evil: The War Over Opioids

Over the past several years, the epidemic of prescription drug abuse under the guise of “pain management” has generated headlines all across the country. The improper use of Schedule II medications in the workers’ compensation system is a part of this public health crisis. Publications by the Workers’ Compensation Research Institute (WCRI), the California Workers’ […]

Florida Work Comp Comes Full Circle

The recent Florida 11th Judicial Circuit Court decision in Florida Workers Advocates v. State of Florida, No. 11-13661-CA25 (2014) written by Circuit Court Judge Jorge Cueto, represents, in essence, a constitutional challenge to workers’ compensation that has come full circle. While during the early part of the 20th century there were a host of challenges […]

ERM: If You See the Iceberg, It’s Too Late

Let’s imagine a meeting of the risk committee of the International Mercantile Marine Co. a bit more than a century ago. The meeting was called to order. Mr. Morgan addressed the representatives of its companies: Mr. Clement Griscom of the American Line and Red Star Line (International Navigation), Mr. Bernard Baker of the Atlantic Transport […]

Workers’ Comp: How We Got Here

The workers’ compensation insurance marketplace in California may at times seem like the Wild West. From the employer standpoint, it involves a dazzling array of choices and options. It is driven by a value proposition that can perilously tilt to price rather than long-term service and protection. For insurers, it all begins at the Department […]

A Key Ruling on Workers’ Comp in California—and What It Means

The workers' compensation community watched anxiously for months as the U.S. District Court for the Central District of California considered a constitutional challenge to the lien activation fee — an important component of the 2012 reforms in Senate Bill 863. In the case (Angelotti Chiropractic, et al. v. Christine Baker, et al.), Judge George Wu […]

The Real Challenge for Reforming Workers’ Comp

Sifting through the claims and complaints of those involved in California’s complex workers’ compensation system could leave both the casual observer and the seasoned veteran wondering when, if ever, this multibillion-dollar program will ever get properly aligned. It would be fairly easy to say, “Not during our lifetime.” But that would be too cynical even […]

Prescription Drug Abuse – Progress In Sacramento

On May 30, the California Senate passed Senate Bill 809 (DeSaulnier) unanimously. This bill has as its primary goal the continued funding of the Controlled Substance Utilization Review and Evaluation System (CURES) in the California Department of Justice. Over the past year, considerable attention has been brought to the issue of abuse of prescription painkillers […]

The New Year Is Upon Us

January 1 is going to be a day like none other in recent memory for the California workers’ compensation system. Most of the provisions of Senate Bill 863 (De León) will be operative. A flurry of regulatory initiatives near the end of this year will allow implementation of many of these provisions. There will be […]

Great Expectations

The overwhelming passage of Senate Bill 863 (De La Torre) in the waning moments of the end of the California legislative session set the workers’ compensation community abuzz with the thoughts that this major overhaul will reduce insurance rates, put more money into the pockets of injured workers, and make the system work more efficiently […]

Audiologists as QMEs? Keeping Focused on the Big Picture

Earlier this year, Assembly Insurance Committee Chair Jose Solorio (D-Santa Ana) introduced Assembly Bill 1454, which would allow audiologists under certain conditions to be qualified medical evaluators (QMEs). One might be tempted to look at this as yet another example in the long history of California allowing a broad spectrum of health care professionals to […]

Attacking the Underground Economy

The new year brings with it a host of laws that were signed by Governor Brown this past fall. In fact, there were 750 bills that were sent to the Secretary of State and chaptered in 2011. Most of these became effective January 1. A number of new laws reflect intensified efforts by policymakers to […]

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