James Fee, represented by Shubin and Bass of Miami, has filed suit against NCCI, the Florida Office of Insurance Regulation (FLOIR) and the FLOIR Commissioner in an effort to “introduce some required clarity and transparency into the opaque world of worker’s compensation insurance rates in Florida.” The case centers around the lack of public input in the process of rate changes, which have come under fire in the state in recent months due to NCCI’s proposed 19.6 percent increase, which if approved, will go into effect October 1st.
According to NCCI, the massive rate hike is necessary due primarily to unfunded liabilities that may result from two Florida Supreme Court decisions. More specifically: “individual projected rate impacts include a 2.2 percent increase for the Florida Supreme Court decision on the Westphal v. City of St. Petersburg case, a 15 percent increase for the Florida Supreme Court decision on the Castellanos v. Next Door Company case, and a 1.8 percent increase for updates to the Florida Workers’ Compensation Health Care Provider Reimbursement Manual. The FLOIR will hold a public meeting today to discuss the changes, stick with Comp Blog for that coverage.
NCCI filed a 20 page response to the suit yesterday, saying that Fee has no standing because it is not subject to public records law and that “Plaintiff’s ‘emergency’ is of his own creation,” among other reasons.
Read NCCI’s reponse here: Fee v NCCI_NCCI response_8.15.16