Florida Supreme Court Rules in Workers’ Compensation Case

Late last week, the Florida Supreme Court issued their ruling in Castellanos v. Next Door Company, a case that challenged the constitutionality of the schedule in the Florida workers’ compensation law that limits fees for attorneys representing injured workers.­ The case has been pending at the Court for a year and a half.­ In its decision, the Court threw out the fee schedule, declaring it unc…onstitutional.­ This attorney fee schedule has been a major factor in reducing workers’ compensation costs to Florida employers since it was enacted in 2003.­

The full impact of the Court’s decision is still unclear, but it is expected to have a significant impact on workers’ compensation rates in Florida.­ The National Council on Compensation Insurance (NCCI) has announced that it will submit a special rate filing to the Florida Office of Insurance Regulation in May with a proposed effective date of this summer.