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Florida Work Comp Law Changes Again with State High Court Ruling
Author: | Thursday November 27, 2008
Case law will determine how the Florida Supreme Court Ruling will impact workers' ompensation in Florida.
Work Comp Reform in Florida
Takes Step Back with High Court Ruling
Considering the potential impact of the recent Supreme Court ruling that overturned part of the Florida Workers' Compensation reform legislation of 2003, there has not been a lot of overt "buzz" in the industry.
That may be partly do to the fact that there will be cases that will test the interpretation of the high court ruling and a review of the cases already in litigation under the 2003 statute. The decision came in the case of a woman by the name of Emma Murray who was injured on the job and her employer's insurance carrier contested the claim alleging a pre-existing condition.
A Judge of Compensation Claims found in Murray's favor and she received lost time, medical expenses, interest and penalties. Her attorney received $648 or about $8.11 per hour under the restrictions of the 2003 law.
Because claimant attorneys' fees were limited under the reform, at least three major changes occurred: Workers' compensation rates fell dramatically (over 37%), claimant attorneys took fewer cases and injured workers who felt they were not being fairly treated could not find qualified counsel.
"With the 2003 workers' compensation reforms our legislature wrote a blank check to big insurance and the legal teams they maintain," said claimant attorney Gerald Rosenthal of Palm Beach County. "This check drawn from the bank of Florida's workers' compensation system and was written on the backs of Florida's workers.”
The defense firm of McConnaughhay, Duffy, Coonrod, Pope & Weaver, headquartered in Tallahassee, noted in their newsletter that the Florida Supreme Court refused to take jurisdiction in determining the constitutionality of the attorney fee restrictions.
"By implication, there will be a dramatic increase in litigation and attorney involvement in the workers' compensation system since any limitation of fees discouraging such litigation was removed form the law," the newsletter report stated.
There is the belief on the part of many (contacted by the Voice News) who work in the system that while the work comp system needed reform, the 2003 legislation went too far and the court ruling has corrected the situation.
Rosenthal was more emphatic: "With this decision the Florida Supreme Court has taken a courageous and significant first step. They have turned the tide to help create an equal footing between injured workers and their employers.”
In the coming months there will be a number of issues associated with the ruling that will be played out in the courtroom. As the McConnaughhay report notes: "Unquestionably, many questions remain as to the effect of this decision. Does it affect cases that been settled since Oct., 2003? Is there a need to adjust reserves on existing cases? How will the ruling affect compensation rates?
Employers, insurers, attorneys, judges and injured workers will be participants in this developing story.
Ed. Note: The law firm of McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. has offices throughout Florida and is headquartered in Tallahassee. www.mcconnaughhay.com. The law firm of Rosenthal, Levy & Simon has offices in West Palm Beach and Port St. Lucie. www.rosenthallevy.com. Jim McConnaughhay (chairman) and Gerald Rosenthal (vendor chair) are part of the team that presents the annual Florida Workers’ Compensation Educational Conference.
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