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House panel homes in on attorney fees for workers’ compensation fix

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The chairman of a key House subcommittee said Wednesday that legislation to address rising worker’s compensation premiums will include curbs on attorney fees, “the biggest driver of the premiums.” Danny Burgess, chairman of the Insurance & Banking Subcommittee, spoke following a hearing into a raft of possible solutions to escalating worker’s compensation premiums. Also on Wednesday, the 1st District Court of Appeal scheduled oral argument for Feb. 22 in a challenge to a 14.5 percent rate increase that began to take effect…

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Insurance office, NCCI refute Sunshine Law claims in workers’ comp appeal

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The Office of Insurance Regulation and an organization that proposes workers’ compensation premium rates have filed legal briefs refuting arguments that they calculated Florida’s recent 14.5 percent rate hike in violation of the Sunshine Law. James Fee, a Miami workers’ compensation attorney fighting the increase, and a group of press and press-freedom organizations, had argued in their own briefs that the National Council on Compensation Insurance, or NCCI, was obliged to open its internal deliberations to public scrutiny, but failed to do…

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Press organizations file brief in workers’ compensation rate hike appeal

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The Associated Press, Florida Press Association, and Florida First Amendment Foundation have entered the legal battle over whether the state’s Sunshine Law covered the organization behind the state’s workers’ compensation premium increase. In a friend-of-the-court brief, the three accused the National Council on Compensation Insurance, or NCCI, of employing “an evasive device” to get around its legal obligation to calculate premiums in the sunshine. They pointed to a section of the insurance code requiring organizations like NCCI, which proposes rates…

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NCCI, state insurance office can’t evade Sunshine Law, brief argues

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The group behind a 14.5 percent workers’ compensation premium can’t get around Florida’s Sunshine Law by arguing that a single individual worked on the matter, and not a full-fledged internal committee, an appellate brief argues. The law holds that meetings by such committees at rating organizations like the National Council on Compensation Insurance, or NCCI, must be open to the public — and their internal supporting documents, too, the brief says. Attorneys representing James Fee, a Miami workers’ compensation lawyer challenging…

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Sunshine Law invoked in arguments over workers’ comp rate increase

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The public will suffer irreparable harm unless a state appeal court stays Florida’s 14.5 percent increase in workers’ compensation insurance premiums, attorneys challenging the increase said in court papers this week. The National Council on Compensation Insurance, or NCCI, “cannot possibly demonstrate a likelihood of prevailing on appeal with respect to the trial court’s detailed, well-reasoned 73-page final judgment, which is founded upon fundamental open-government principles of Florida law,” plaintiffs attorney John Shubin argued. Furthermore, NCCI, which proposes workers’ compensation insurance…

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Judge voids 14.5 percent workers’ comp rate increase

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A circuit court judge Wednesday struck down a 14.5 percent increase in workers’ compensation insurance rates due to begin taking effect next month, ruling that a ratings agency violated the Sunshine Law in preparing its rate proposal. Judge Karen Gievers said the National Council on Compensation Insurance, or NCCI, failed to open its deliberations to the public or provide its data to an actuarial expert retained by the plaintiff in the case. Since NCCI was acting as an agent of the Florida Office of Insurance…

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Bill Herrle: Worker’s comp hike hurts small biz

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NFIB/Florida Executive Director Bill Herrle on Wednesday criticized workers’ compensation insurers for pushing through a 14.5 percent rate increase this month. Herrle called the increase “massive” and said it would “undoubtedly hurt small businesses by threatening their ability to keep their doors open and employ Floridians.” The National Federation of Independent Business calls itself “the nation’s leading small-business advocacy group,” according to its website. State regulators approved a 14.5 percent increase in workers’ compensation insurance premiums. The new rates, however, are lower than ones initially proposed by…

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