Florida Insurance Commissioner Kevin McCarty has indicated that the recent Florida Supreme Court ruling that the state’s current attorney fee limits are unconstitutional will have serious ramifications on the workers’ compensation market in the state. Among the consequences could be significant increases in litigation concerning old workers’ comp cases, plus rate increases. McCarty, whose last day in office may be next week, said the Florida Office of Insurance Regulation (OIR) will start work immediately with NCCI to evaluate the impact this decision could have on policyholders. He said he expects NCCI will submit a rate filing with a significant rate increase because of the ruling. He also expects Florida lawmakers to call an emergency session to develop a legislative remedy to counteract the court’s decision and its repercussions.
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