News & Events

Florida insurance companies and employers must closely track workers’ compensation developments. Workers’ compensation claims are a major expense for insurance companies. That’s why employers can expect to pay over one percent of their estimated payroll in workers’ compensation insurance costs. Even if there are no major annual changes each year, there are always some developments around the margins that will change both the costs and operation of the workers’ compensation program in the state. Here are some recent developments surrounding the workers’ compensation program and some that may happen in the immediate future.

The workers’ compensation rules and processes are set by the Florida Division of Workers’ Compensation (DWC). The DWC aims to make the state’s workers’ compensation program “self-executing.” The Office of Insurance Regulation provides the regulatory framework for insurance companies that write workers’ compensation policies, setting the rates and financial solvency requirements. There are over 250 companies in the state that write these policies.

There are numerous rules that affect the actual nuts and bolts of the workers’ compensation program. An injured worker must file a claim for workers’ compensation with a particular insurance company within the applicable time limits. The insurance company will then review the claim and make a decision whether to grant benefits or deny the claim. The injured worker can bring a claim for benefits by filling a Petition for Benefits. These cases are heard by the Office of the Judges of Compensation Claims (OJCC), which is part of the Division of Administrative Hearings (DOAH).

Recent Consolidation of Workers’ Compensation Districts

The OJCC covers the state through District Offices. Recently, Deputy Chief Judge David W. Langham announced the consolidation of several districts and transfers of several counties between districts:

• The Melbourne district has been consolidated into the West Palm Beach and Daytona Districts.
• The Port Saint Lucie District has been consolidated into the West Palm Beach District.
• The Lakeland District has been consolidated into the Tampa District and Sarasota Districts.
• The Ft. Myers District will gain Glades and Hendry.
• The Gainesville District will be consolidated into Districts to be determined.

The latest map can be found here.

Mediators May Now Work Across the State

Another major recent change involves how mediators are assigned to cases. Mediation is an important step in the workers’ compensation process. For both workers and insurance companies, mediation is a way to talk through the issues and hopefully come to a quicker and more cost-effective resolution. Both parties may be able to reach an agreement or understanding without having to go through expensive and time-consuming litigation.

In the past, mediators have been assigned to work with specific judges. This assignment system was not necessarily the most efficient, as some mediators would have busier caseloads than others. Mediators with sparser dockets could not help other judges across the state who needed extra help, creating inequities in mediators’ dockets because some were busier than others.

Now, mediators can be assigned to work with any judge across the state. They can schedule appointments via Zoom and work on any matter at their own discretion. The hope is that this change will make the mediation system more efficient. Mediation dates will still be set within 130 days of the request, as is the current procedure under the system.

Multiple Cases Involving the Same Parties Should Be Consolidated

In order to promote administrative convenience, the (OJCC) has also requested that parties consolidate cases whenever possible to avoid multiple cases between two parties. The JCC is asking that parties take the initiative to consolidate their own cases. A judge may act on their own to consolidate the cases if necessary as well.

“Broken Arm Poster” Requirements

There are other changes to the workers’ compensation program on the horizon. One recently finalized rule requires that insurance companies provide employers with the “broken arm poster.” This is a cardboard poster to hang in the workplace that has the same form and content as Form DFS-F4-1548, which is entitled “Workers’ Comp Works for You.”

Informational Brochures Can Be Sent Via Email

In addition, Governor Ron DeSantis recently signed into law an amendment to change the way insurance companies provide injured workers with certain crucial information, including their rights and obligations. The law previously required insurance companies to physically mail the informational brochure to workers within three days after they report an injury to their employer. Now, an insurance company is allowed to send this informational notice by email.

New Rule Amendments Are Coming

Finally, the DWC announced it intends to amend its rules regarding training, education, and reemployment of injured workers. These will be substantive rule amendments that will both streamline regulatory text and clarify timeframes and document requirements for workers’ compensation screenings and evaluations. Insurance companies should track these rule changes and be aware they may substantively change the state’s workers’ compensation program requirement. An experienced attorney can help you stay abreast of all the changes in Florida’s workers’ compensation program as they happen.