Greetings,

Due to the changes in the law from the Castellanos and Westphal cases, WC rates in Florida were set to increase by 14.5% tomorrow, 12/1/2016.  However, a Miami claimant’s attorney filed a lawsuit against NCCI in Leon County, the rate setting agency, stating the meetings they held on rates were not open to the public in violation of Florida’s Sunshine Law.

The circuit court judge agreed on 11/23/16 and invalidated the rate increase.  The Fla Office of Insurance Regulation has now filed an appeal with the 1^st DCA, but the rate increase is on hold until the DCA decides the case.  

Why would the claimant’s bar care about the rates that employers pay for WC insurance you ask?  Well it could be they are being very civics-minded about the Sunshine Law.  Or perhaps they are thinking that if rates do not increase there will not be as hard of a push from the business community to make changes to the claimant’s attorney fees, at least not in this legislative session.     

Here are two news stories on the case.

http://news.wjct.org/post/judge-blocks-florida-workers-comp-rate-hike

http://www.insurancejournal.com/news/southeast/2016/11/29/433411.htm

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Hope to see you at our Orlando Holiday event, 12/8, Sheraton Maitland.  Flyer attached….

Sincerely,
Morgan Indek | Partner