Florida Appeals Court Rejects Restriction On Law Firm Payments in Workers’ Compensation Cases

Apr 20, 2016

 

In a potentially far-reaching opinion issued today, April 20, 2016, a Florida appeals court struck down a state law that restricted a police officer from paying a law firm to help her pursue workers’ compensation insurance benefits.

The First District Court of Appeal ruled that it was unconstitutional for police officer Martha Miles and her union, the Fraternal Order of Police, to be prohibited from paying a retainer and hourly fees for legal representation in a workers’ compensation dispute with the City of Edgewater and an insurance carrier.

To read the complete opinion, click here.

To read the complete story from THE NEWS SERVICE OF FLORIDA, click here.

 

Workers’ Compensation Three Member Panel Adopts Reimbursement Manuals

The Florida Chamber reported that, also today, the State’s Workers’ Compensation Three Member Panel met to adopt 2016 Reimbursement Manuals for health care providers, ambulatory surgical centers and hospitals, as required by law.  After hearing the process through which the maximum reimbursable allowances are determined, Florida Insurance Commissioner Kevin McCarty, current Chair of the Three Member Panel, made a motion that directed the Florida Division of Workers’ Compensation (“DWC”) to look at possible changes to move away from a charge-based system.

The Three Member Panel adopted the three reimbursement manuals.  Next, these manuals will go through the rulemaking process, after which they must be ratified by the Florida Legislature due to economic impact. 

The Florida Chamber advised that the cumulative impact of these three Rules, if adopted and ratified, is an increase in rates of 2.8 percent.  The Rules would have an effective date of July 1, 2017. 

To view the meeting notice click here

Meeting materials are accessible through the hyperlinks below:
– Agenda
– Draft 2016 Health Care Provider Reimbursement Manual
– Draft 2016 Ambulatory Surgical Center Reimbursement Manual
– Draft 2016 Hospital Reimbursement Manual
– Annual Report on Reimbursement Disputes and Overutilization 

 

 

Should you have any questions or comments, please contact Colodny Fass.

 

 

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