Ditchmen • NUCA of Florida Ditchmen • May 2016 | Page 20

NUCA OF FLORIDA NUCA OF FLORIDA 20 $ $ $ 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. • • •