If you are confused by what the Worker’s Compensation rates will be starting December 1 – Welcome to the club.
Bottom line, the 14.5% increase approved earlier by the Office of Insurance Regulations (OIR) remains in effect and will start tomorrow, December 1.
Why is this news? Late last week Leon County Circuit Judge, Karen Gievers, invalidated the increase because the National Council of Compensation Insurers (NCCI) failed to abide by the state’s sunshine laws. Judge Gievers opined that since NCCI was acting as an agent of the state for the OIR, they must follow the open-government requirements. NCCI did not conduct its deliberations in public and failed to provide data to the plaintiff in this case. Henceforth, her decision to halt the increase.
Just yesterday, OIR filed a notice to appeal Judge Giever’s decision. Pursuant to the appellate procedure, Judge Giver’s orders are now nullified and the planned increase will go into effect on December 1, 2016 as originally planned.
Worker’s Compensation rate stability remains a top legislative priority of the Florida Home Builders Association (FHBA) during the 2017 Legislative Session. FHBA is working with other business organizations to find solutions to the recent cost driver; a previous court decision declaring attorney fee caps as unconstitutional. Stay tuned to FHBA emails and publications for updates on our Worker’s Compensation reform efforts.