Ditchmen • NUCA of Florida Ditchmen • May 2016 | Page 20
NUCA OF FLORIDA
NUCA OF FLORIDA
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DITCHMEN • MAY 2016
➢Workers’ Compensation Insurance: The
Florida Supreme Court recently handed
down a decision that will drive up Workers’
Comp rates on every business in Florida. The
court ruled that the attorney fees schedule,
passed in 2009, is invalid because it eliminates
the right of a claimant to get a reasonable
attorney’s fee, a right it says is a “critical
feature” of the workers’ compensation law.
The 5-2 ruling is a setback for businesses and
a threat to Florida’s economy. Employers
should be prepared for workers’ comp rates
to skyrocket despite the steady decline in
recent years. It is unclear at this time the
exact timetable for an amended rate filing.
The National Council on Compensation
Insurance (NCCI) has stated that they will
submit a rate filing change to the Office of
Insurance Regulation (OIR) soon. NCCI is
currently evaluating the court’s decision and
are planning an off-cycle rate filing in May with
a proposed effective date this summer. Any
rate increase will have to be approved by the
OIR. A legislative remedy will be required to
prevent significant increases in workers’ comp
rates. House and Senate leadership expect
the issue to be taken up during the 2017
Legislative Session, which beings next March.
The 2017 Legislative Session is shaping up to
be a very important one for NUCA of Florida
members. There will be much at stake.
The potential impact of these two issues
alone could threaten Florida's improving
construction climate.
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