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- Court Rulings prompt NCCI to seek 19.6% Comp Rate Hike
The National Council on Compensation Insurance Inc. has proposed a nearly 20% workers compensation rate increase in Florida to cover the projected impact of recent state Supreme Court rulings and a new health care provider reimbursement manual, the Florida Office of Insurance Regulation said. Employers have been bracing for skyrocketing workers comp rates since the Florida Supreme Court issued decisions in Marvin Castellanos v. Next Door Co. et al. and Bradley Westphal v. City of St. Petersburg et al., which deemed the state's attorney fee schedule and temporary total disability provision unconstitutional, respectively. Click here to read more:
- State High Court Rulings to squeeze Workers Comp System
The National Council on Compensation Insurance Inc. estimates that an increase in unfunded liabilities for FLorida workers' compensation is expected to exceed $1 billion, resulting from three state Supreme Court rulings. Insurance companies, individual self-insured employers, and employers with deductible policies are expected to saddle the $1 billion debt. That increase is in addition to the almost 20% rate increase proposed earlier this year, an NCCI news release said. Click here to read more:
- Attorney Fee Rulings set to alter Execution, Costs of Comp Cases
A long-standing principle governing workers compensation cases provides access to an attorney who will help the injured worker litigate the case efficiently and capably. To give attorneys incentive to take on such cases and to ease the burden on an injured worker to find a capable attorney, attorneys receive their fees from the worker's damage award. Jim Woods and Jeyshree Ramachandran of Mayer Brown L.L.P. discuss states' attorney fee schedules and their effect on these comp cases. Click here to read more:
- OSHA Electronic Injury Reporting Rule Clears Final Hurdle
The White House has signed off on a controversial new regulatory rule that proposed to expand electronic recordkeeping requirements for workplace injuries and illnesses and make such records publicly available. The Office of Management and Budget's Office of Information and Regulatory Affairs completed its review on Friday after receiving the proposed rule from the U.S. Department of Labor on Oct. 5, 2015. The final rule has not yet been published, but the department's Occupational Safety and Health Administration has gotten authority from the office to publish the rule with unknown changes. Click here to read more:
- Florida Workers Comp Challenge seeks U.S. Supreme Court Review
The U.S. Supreme Court has been asked to review a challenge of the constitutionality of Florida's workers compensation system in a case on which the state Supreme Court declined to rule. Miami attorney Mark Zientz petitioned the U.S. Supreme Court seeking a writ of certiorari in Daniel Stahl v. Hialeah Hospital. The case questions whether Florida's workers comp system is an adequate exclusive remedy for injured workers following changes that eliminated permanent partial disability benefits. Click here to read more:
- Miami Beach police seek workers comp for Zika infections
The Miami Beach police union is appealing to lawmakers to provide workers compensation for police officers who contract the Zika virus after two officers reportedly were denied benefits for the mosquito-borne illness. A report from the Miami New Times newspaper on Tuesday said two Miami Beach police officers were denied workers comp for hospital bills related to Zika. Click here to read more:
- Comp Benefit Cap for Undocumented Workers Struck Down
A limit on workers compensation benefits for undocumented workers is unconstitutional because it prevents them from being eligible for the same comp benefits afforded to legally employed workers in the state, the Tennessee Supreme Court says. Carlos Martinez emigrated to the United States from Guatemala in 2003 or 2004. In March 2011, he began working for Steve Lawhon, doing business as Commercial Services, a building and ground maintenance company, according to court records. Click here to read more:
- Appeal allows Florida Comp Rate Hike to move Forward
A controversial 14.5% workers compensation advisory rate increase apparently will go into effect for Florida on Thursday after the Florida Office of Insurance Regulation filed a notice of appeal late Monday. A Florida Circuit Court judge ruled on Nov. 23 to void the rate increase proposed and approved by the Boca Raton, Florida-based National Council on Compensation Insurance Inc. and the Florida Office of Insurance Regulation. The decision is being appealed to the First District Court of Appeal for the State of Florida in Tallahassee, according to the notice of appeal. Click here to read more:
- Firm fined after being convicted of Manslaughter in Worker’s Death
A New York construction contractor was sentenced to pay a $10,000 fine Tuesday after the company was found guilty earlier this year in the crushing death of a 22-year-old worker, according to the New York County District Attorney’s Office. New York-based Harco Construction L.L.C., also known as H&H Builders Inc., was convicted in June by the New York State Supreme Court of second-degree manslaughter, criminally negligent homicide, and reckless endangerment, according to a joint statement Tuesday from New York County District Attorney Cyrus R. Vance, Jr. and New York Department of Investigation Commissioner Mark G. Peters. Click here to read more:
- Drawing the line between Employees and Contractors
Workers compensation experts say employee misclassification continues to be a problem for insurers, but add there are steps employers can take to make sure they don’t mistakenly misclassify their workers. Worker misclassification typically happens when employers classify workers as independent contractors rather than as employees who would be eligible for workers comp and other employee benefits. Click here to read more:
- NCCI vows to Fight Lawsuit over Florida Workers Comp Rate Hike
The head of the National Council on Compensation Insurance Inc. said the organization is looking forward to defending against a lawsuit accusing it and Florida insurance regulators of developing a controversial rate hike for workers comp coverage in secret. In November, a Florida Circuit Court judge voided a 14.5% rate hike after finding that NCCI and the Florida Office of Insurance Regulation did not follow open meetings laws when they came up with the controversial rate hike. However, the increase took effect on Dec. 1 after the judge’s order was appealed to the 1st District Court of Appeal for the State of Florida in Tallahassee and a 10-day stay was granted — further developments could occur as early as Monday. Click here to read more:
- Florida Contractors penalized after Worker Killed in Fall
Federal workplace safety regulators have proposed a total of $91,536 in penalties against four Florida contractors after a worker fell nearly 11 feet to his death. Leonardo Javier Lopez-Montelo, 33, fell through an unprotected stairway opening as he performed punch-list activities at a Miami housing complex construction site, the U.S. Occupational Safety and Health Administration said Wednesday in a statement. An investigation into the June incident by OSHA found that the stairway opening had no guardrails or cover as required, which his employer knew about. Click here to read more:
