By Reid Rushing, President | Insurance Division
The Florida Supreme Court issued an opinion on Thursday that will have a possible impact on workers’ compensation insurance rates.
In Castellanos v. Next Door Company, the Florida Supreme Court declared the statutory mandatory attorney fee schedule unconstitutional as a violation of due process under both the Florida and United States Constitutions (you can read the full opinion here).
Florida Insurance Commissioner Kevin McCarty stated, “Our Office remains dedicated to putting Florida’s businesses and injured workers first. We have worked proactively over the years to bring workers’ compensation rates down for Florida’s employers. Limiting attorney’s fees has been an important factor in reducing workers’ compensation rates. A legislative remedy will be required to prevent significant increases in rates and we look forward to working with all parties affected to bring about a sensible solution.”
We may have to wait for the Florida Legislation to work this out if not, rates are sure to start increasing over the next few years.