A Florida judge recently shot down NCCI and the Florida Office of Insurance Regulation’s (OIR) 14.5 percent rate hike for workers’ comp in that state, saying that NCCI held “secret” meetings without public notice, and because it is statutorily recognized, acted improperly in doing so. The ruling has been stayed pending a FLOIR appeal filed November 29th. Louisiana Comp Blog reached out to NCCI and Florida stakeholders to get their take on the issue.
Four new Zika infections acquired locally from mosquito bites have been reported in the Wynwood neighborhood of Miami this week, according to Florida Governor Rick Scott, bringing the total number of locally transmitted cases to 21. Although Florida is the only state to report local transmission of the virus, Louisiana (as a neighbor with a similar climate) faces the significant threat of the virus spreading here. Although the fallout for workers’ comp is not entirely clear, employers, carriers and workers can take steps to limit their exposure, both financial and personal.
The Florida Supreme Court ruled late last week in the high profile Castellanos v. Next Door Co. case, saying that the state’s mandatory attorney’s fee schedule for workers’ compensation cases is unconstitutional under both the Florida Constitution and the U.S. Constitution as a violation of due process. Two justices dissented. Local attorneys gave Louisiana Comp Blog their thoughts on the case and whether or not attorney’s fees here could face similar scrutiny.
David Langham is Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings. In a guest post below, Judge Langham reviews the complexities of the three workers’ comp cases currently pending before the Florida Supreme Court, all of which could have potentially huge consequences for the last twenty years of reform packages. He also authors the popular industry blog Florida Workers’ Comp Adjudication.
On August 13th, news of Miami-Dade Circuit Judge Jorge Cueto’s ruling in the landmark Padgett case in Florida broke, and the comp world turned in unison to listen. Louisiana Comp Blog spoke to local attorneys Greg Hubachek of Workers’ Compensation LLC and Bobby Truitt of the Truitt Law Firm to get their take on the case.