Workers' Comp Bill Package Passes in Florida House Committee

Tallahassee, FL (WorkersCompensation.com) — House Insurance & Banking Committee Chairman Daniel Burgess, Jr. (R-Zephyrhills) said he fought tooth and nail for a workers’ compensation bill that saw victory on the committee floor in the House by a 20-9 vote.

WorkersCompensation.com was present for the Thursday House Commerce Committee hearing via livestream on The Florida Channel. After several amendments proposed by predominantly Republican representatives, the HB 7085 package pushed through after the deadline was extended by a half an hour.

A commerce conscious amendment, which would prohibit meritless claims by injured workers paying their attorney fees, the hearing started with Rep. Sean Shaw (D-Tampa) claiming his amendment would retain the fee schedule, but allow departures amounting to no more than $150 per billable hour based on what carriers pay their defense attorneys.

The Tampa Democrat said the fee issue “has hijacked every single workshop and every single meeting,” and the subject of injured workers was “totally absent” all conversation.

Calling the system extremely complicated, Rep. Shaw said while he appreciates the hard work of Burgess and others, he was not moving on his opinion. “Let me break it down like this. Premium reduction is important, but so is the ability of an injured worker to get the benefits denied to him,” Shaw said, noting he could not support a change that would likely decrease rates to a detriment. “Everyone is going to be saying, the system is working because rates are low, but the system is not going to be working for the injured worker who is not going to be able to get what they need to get.”

However, Rep. Jim Boyd (R-Bradenton) said while he understands points on both sides, “injured workers are getting taken care of” and the amendment solidifies that. “It makes the situation better.” Rep. Burgess concurred saying, if the bill becomes law “the universe to court access will be better.”

The second amendment passed would prolong total disability payments to 260 weeks with a possible 26-week extension, depending on injured workers’ recovery, and the third amendment passed, per Burgess, promotes procedures that are “a showing of good-faith effort to resolve issues prior to litigation on behalf of claimant and attorney.”

Amendment four was both presented and withdrawn by Rep. Richard Stark (D-Weston). The amendment would have ultimately allowed an employee to choose up to three other physicians contracted with the carrier for a second opinion on their workplace injury.

Amendment five presented by Rep. Mike Miller (R-Winter Park) reduces the burden of proof and amends the requirement for first responders seeking working benefits.

Burgess said as an Army reserve solider the particular amendment “pulls at my heartstrings,” but since he was working on a larger bill that would cover first responders with PTSD under workers’ compensation, he wanted to table the amendment for now.  

Boyd, who governs the district where the notorious Pulse Night Club mass shooting occurred last year, said he often heard in the aftermath of the tragedy from law enforcement and the medical community was that what the officer seeking PTSD coverage was subject to what could be compared to a war zone.

Amendment six, presented by Rep. Shaw recommended altering the NCII rate-making process to create more competition in the Florida workers’ compensation market. The amendment was turned down due to possible rate raises, according to Burgess, who said switching to “lost cost model” could “run the risk of having the opposite effect.”

Rep. Shaw did not bow out of his amendment silently, saying the revision had “the ability to compete on price.” Amendment seven, based again on physician opinion, was presented by Rep. Halsey Beshears (R-Monticello). Per Beshears, rules should be the same for injured workers as they are for any other patient.

“At the end of the day, why shouldn’t they [injured worker] be able to get a second opinion from the doctor of their choice?” he asked. According to the representative it was “the friendliest amendment,” presented. “It is so friendly it will walk you home at night when it is raining and make sure you get home safe. That’s how friendly it is,” he said. Once again, Rep. Burgess said the committee could not reach a consensus on the matter so the amendment was denied.

The session ended, as Rep. Shaw noted earlier, on schedule fees. “The reality is attorney fees are highly regulated,” said Rep. Burgess, who is also an attorney. “When I talk about carrier-based fees it is not out of concern for my profession, it is out of concern for the injured worker and the attempt to make them whole.” 

In closing, he thanked committee chairs and “every single stakeholder” who aided in amendment changes. “We held extensive panel sessions and it was not just for show…it was absolutely a comprehensive discussion and what we got came from this,” he said.

Share This Article: