Sample Retention Agreement with Phil Walker

This Agreement is between Phil Neal Walker Law Corporation (PNW), a California Corporation, and ________________________ (“Company.”)

  1. Phil Neal Walker Law (PNW) will provide the following services to save and recover money for Company regarding its workers’ compensation cases and payment of workers’ comp. insurance premium:
    1. Seek reduction of reserves and refund of premium;
    2. Seek reduction of x-mod and decrease in premium;
    3. Review specified Company claims for incorrect or negligent claims handling by insurer/Third Party Administrator and, if found, seek recovery of amounts paid by Company due to incorrect or negligent claims handling
    4. Provide and implement resolution/settlement strategy on each specified Company claim and implement with insurer/Third Party Administrator
    5. Determine if Company employees are in the lowest appropriate WCIRB employee classifications and, if not, seek change in employee classification and resulting premium refund/reduction.
  2. Company will provide the following in return for the services provided by PNW above:
    1. SPECIFY: Specify the workers’ compensation matters which it wishes for PNW to address. These are the “specified claims.”
    2. FEE: Payment to PNW of the following:
      1. 25.0% of any amounts previously paid by Company to its workers’ comp insurer which are repaid by the insurer to Company
      2. 25.0% of any reduction in Company workers’ comp. insurance premium for 3 years from the inception of this Agreement attributable to the services of PNW. The workers’ compensation premium shall be calculated from the premium in effect as of the date of this Agreement. That amount shall form the base premium against which reductions shall be calculated.
        1. This calculation shall exclude all factors other than the reduction attributable to PNW’s services, including, but not limited to:
          1. Removal of a prior year’s experience from the x-mod calculation,
          2. Changes in employee population or compensation rate which affect the x-mod.
    3. RETAINER: Payment to Phil Neal Walker Law Corporation of a retainer of $_________________.
      1. Said retainer is fully refundable to Company in the event that PNW does not secure payment or reduction under paragraph 1 above. (If partial payment/reduction is effected by PNW, then PNW shall refund to Company all amounts of the retainer unearned under this Agreement.)
      2. Said retainer is fully credited against the fee to be paid under paragraph 2b above.
  3. Effective date: Upon receipt by PNW of retainer.
  4. Term of Agreement: This Agreement shall begin upon receipt by PNW of retainer and shall terminate at the completion of the three years specified under paragraph 2 b (2) above.
  5. Applicable law: California.
  6. Severability: Yes.
  7. Disputes: Parties agree to mandatory arbitration. Each side bears its own attorney fees and costs.
  8. Additional points:





Phil Walker, CEO

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