A Florida workers’ compensation reform bill that responds to the outcome of recent major workers’ compensation rulings in the state passed 7-1 Monday in the Florida Senate’s Committee on Banking and insurance. The bill amends Florida’s workers’ compensation law to codify an increase in temporary total disability and temporary partial disability benefits from 104 to 260 weeks that was mandated in Westphal v. City of St. Petersburg. I have written in an earlier blog about the decision in Westphal. In that decision, the Florida Supreme Court ruled that the state’s time limit on disability payments was unconstitutional because it left some injured workers without comp benefits if they exhausted their temporary disability benefits before their permanent disabilities benefits could begin.
The bill also requires the workers’ compensation judge to consider factors when determining if attorney fees should be increased or decreased based on the maximum hourly rate. The bill also proposes to remove the criminal penalty for claimant attorneys receiving fees not approved by the judge, therefore allowing the claimants to enter retainer agreements. The provision is a response to another Florida Supreme Court decision last year in Catellanos v. Next Door Co. et al. (which I have written in another blog). In Catellanos, the court found that a cap on workers’ compensation claimant attorney fees was unconstitutional because it hindered the injured workers’ ability to obtain legal representation. The bill further removes an attorney fee cap of $1500 on medical-only claims.
Other provisions of the bill would require greater specificity about the date of maximum medical improvement and the date PTD benefits are claimed to begin when petitions are filed with the Office of Judges of Compensation Claims. The bill also specifies that deadlines within multiple provisions relating to medical care are based on business, not calendar days.
In workers’ compensation, it is often being seen as a battle of the little guy against the big guy. As a former workers’ compensation expert said, fees only attach when you mess up. Don’t mess up, and you’ll be all right.” This is what the new Florida bill means to the workers’ compensation world. The legislature tries to fix the loopholes to make a better system for injured workers and sends a warning message to any Employers/Insurers out there, which tries to take advantage of the system. Hopefully, Georgia will be following Florida soon.
It is definitely a hard fought battle in workers compensation to protect you rights. Thus you need a zealous advocacy and representation. The Poirier Law has had much success in protecting injured workers’ rights. If you or your loved one has been injured in the workplace, contact us today for help and for a free consultation.