Florida Legislative and Regulatory Update

Wednesday, April 2, 2008 | 0

By McConnaughhay, Duffy, Coonrod, Pope & Weaver

The Florida legislature is moving forward with a number of workers’ compensation bills that address several administrative and technical changes to Chapter 440, Florida Statute.

The sole legislative recommendation submitted by the Division of Workers’ Compensation is expected to be approved by lawmakers. The bill would complete the statutory transfer of the workers’ compensation medical services from the Agency for Health Care Administration to the DWC. Currently, the division is overseeing those functions per an interagency agreement.

Another bill addresses expert medical witness fees in cases where a witness is compelled to testify in a workers’ comp case. One
insurance issue being considered is a provision that would grant the state’s four current self-insurance funds the authority to distribute policyholder dividends without prior regulatory approval.

The trial bar has also filed a bill that would make changes in attorneys’ fees and make certain changes in claimant’s benefits. The trial bar provision is part of three bills addressing the insurance contracts of professional employment organizations with their client companies. The bills’ PEO provisions are basically identical and are designed to address several areas that have been the source of criticism over the past several years. Namely, the bill sets out the procedures for clarifying which entity is responsible for providing workers’ comp coverage to specific employees and under what terms. The PEOs would also be responsible for  computing the experience modification factor for the client company.

As the session progresses, there is the expectation that any number of proposed changes to Chapter 440 could be offered as amendments to filed bills. Meanwhile, the Division of Workers’ Compensation is preparing to conduct its’ own analysis of the impact of the 2003 reforms on the workers’ comp system. The study is still in the early stages and division officials have yet to
identify all the areas that will be included in the review. The study will be primarily based on the information collected by the division in the period between 2004 and 2007. The study will be separate from other reviews being conducted by the National Council on
Compensation Insurance and the Workers’ Compensation Research Institute. Finally, the three-member panel has considered   changes to the medical reimbursement schedules.

McConnaughhay, Duffy, Coonrod, Pope & Weaver is a Florida law firm specializing in employment law. This legislative update was reprinted with the law firm's permission.