January 2001
by Jacquelyn Horkan, Editor
Some Work Left to Go
For Workers’ Comp Task Force
With the 2001 legislative session set to begin in just seven weeks,
the Task Force on Workers’ Compensation Administration is putting the
finishing touches on its report to the governor and legislature. The
report is scheduled to be finalized on Monday, January 22, 2001, giving
employers less than a week to express their opinions to task-force
members.
"We’ve reached consensus on several issues so far that will
help reduce the costs of the system while increasing its
efficiency," said task force member Mary Ann Stiles. "There
are a few issues still up in the air, however, that, from the standpoint
of employers, have to be addressed."
Stiles — the founding partner of the law firm of Stiles, Taylor
& Grace, P.A., and one of the nation’s leading authorities on
workers’ compensation law — is general counsel to Associated
Industries of Florida (AIF). Appointed to the task force by Rep. John
Thrasher, past speaker of the House, she brings to it the perspective of
Florida’s employers who fund the workers’ compensation system.
Jon L. Shebel, AIF’s president and CEO, says he is relieved that
Stiles is on the task force. "Our key battle this year will be
reducing the costs of workers’ compensation, while at the same time
increasing benefits to truly injured workers and making the system
easier to use. The task force’s report is going to be an important
part of that effort."
According to Stiles, there are three major unresolved issues of
interest to employers. The first would limit litigation over the amount
of an employee’s average weekly wage, which is used to calculate the
employee’s indemnity benefits. Stiles would like to give judges of
compensation claims the ability to review pay records to determine the
average weekly wage without the involvement of attorneys.
The second undecided issue involves litigation over medical claims of
$5,000 or less; again, Stiles would like legislation that would allow
resolution of these claims without getting lawyers involved.
"In my experience in the system, I’ve seen far too many
claimant lawyers aggressively litigate claims that involve nominal
amounts," said Stiles. "The attorney ends up getting more
money than the claimant."
Finally, Stiles would like the legislature to privatize the workers’
compensation mediation system, which would provide quicker resolution of
disputes.
The task force was created in CS/SB 2532, which was enacted by the
legislature last year. It was given "the purpose of examining the
way in which the workers’ compensation system is funded and
administered." Three members of the body were appointed by Gov. Jeb
Bush, with two each appointed by the speaker of the House and the
president of the Senate.
The seven members of the task force, which met throughout the last
half of 2000, gathered on Friday, January 12, to finalize its
recommendations, which were due on January 15. According to Stiles, the
group recessed at 5:30 that evening before it could reach a decision on
all of the issues.
"Wringing the inefficiencies out of something as complicated as
Florida’s workers’ compensation system isn’t easy," said
Stiles. "We’re addressing problems that have built up over time,
and I think we all felt that missing the deadline by a week was better
than rushing the job."
Shebel is urging business people to follow this issue closely. "AIF
has put together a complete package of workers’ comp reforms that
extend beyond the purview of the task force," he said. "I hope
that all of Florida’s business community will become active in helping
real reform get passed. The first step should be contacting the members
of the task force and letting them know what needs to be done."
Florida Business Insight will be covering the final
recommendations of the task force when they becomes available. In the
coming weeks, we’ll also be reporting on AIF’s full workers’
compensation reform package.
Jacquelyn Horkan is the editor of Florida Business Insight (e-mail: jhorkan@aif.com).
Click here for a list of the members of the Task Force
On Workers’ Compensation Administration, along with contact
information.
Click here to view executive summary
Of AIF’s "Workers’ Compensation Reform Act of 2001"
