Regulatory News

NCCI Proposes Florida Workers Compensation Rate Increase Effective August 1, 2016   Overview of Castellanos Decision On April 28, 2016, the Florida Supreme Court issued an opinion in the case of Castellanos vs. Next Door Company, et al. , No. SC13-2082 (“ Castellanos ”) declaring S ection 440.34, Florida Statutes, unconstitutional.  The anticipated impact of the decision is the elimination of the statutory caps on claimant attorney fees and a return to hourly fees.   NCCI Proposes Rate Increase NCCI estimates that the first year impact of Castellanos will be an increase in overall Florida workers compensation system costs of 15%.  This estimate does not include the following:   ·         Impacts related to the First District Court of Appeal decision dated April 20, 2016 known as Miles v. City of Edgewater Police Department (“ Miles” ) declaring unconstitutional certain restrictions on claimant paid attorney fees.  After Miles, claimant attorney fees can be earned regardless of w

Attention: Self-Insurers, Insurers, Claim Administrators, and Medical Service Providers A Notice of Development of Rulemaking was published for 69L-31, Florida Administrative Code.  The notice provides that if requested in writing, a Rule Development Workshop will be held on Friday, June 10, 2016, at 9:30 A.M., eastern time, at 2012 Capital Circle, SE, Room 102, Hartman Building, in Tallahassee, Florida. The Rules of 69L-31, F.A.C. are being amended which govern the process for resolution of disputes between workers' compensation carriers and health care providers. Revised forms are adopted. Rule 69L-31.005, F.A.C., is amended to provide greater detail regarding materials required to be included in a petition for dispute resolution. Rule 69L-31.008, F.A.C., is revised to provide clarity regarding computation of the time period to submit a petition for dispute resolution, including expanding the time period for submitting petitions for dispute resolution from 30 to 45 days. The time

Attention: Employers A Notice of Development of Rulemaking was published for proposed Rules 69L-6.028 and 69L-6.035, both for the Florida Administrative Code. The notice provides that if requested in writing, a Rule Development Workshop will be held on Tuesday, June 7, 2016, at 2:00 P.M., eastern time, at 2012 Capital Circle, SE, Room 102, Hartman Building, in Tallahassee, Florida. Proposed Rule 69L-6.028, F.A.C., clarifies time periods of employer non-compliance for penalty calculation purposes, and provides that the Department may impute the employer's payroll 10 business days following the employer's receipt of the Department's request to produce business records. The amendment to Rule 69L-6.035, F.A.C., further defines remuneration to employees, adding language to address the validation of expense reimbursements; remuneration occurring on the day a stop-work order is issued; and employee classification code assignments for payroll calculation purposes. The proposed rule