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Another WC Bill Filed in Florida House

By David A. McCranie, Esq.

On the opening day of the legislative session, Rep. David Rivera (R-Miami), introduced HB  1489 in the Florida House of Representatives.  This bill would amend several sections of the Florida Workers' Compensation Law in ways that are generally more favorable to injured worker.  It would:

Repeal §440.105(3)(c) which makes it unlawful for an attorney to receive a fee that has not been approved by the judge of compensation claims; Amend §440.20(11) to repeal the requirement that the judge of compensation claims approve any claimant's attorney's fee paid as part of a lump-sum settlement, requiring instead that the judge approve only that portion of the settlement paid to satisfy any outstanding child support arrearage; Amend §440.25(1) to permit the parties to substitute a "private mediation" for the "state mediation" upon giving the court 10 days' advance notice and to permit the claims adjuster to attend the mediation conference via telephone; Amend §440.25(4)(b) to permit one continuance of a final hearing if the motion requesting the continuance is filed at least 7 days before the scheduled hearing and if all parties agree to the continuance; Amend §440.25(4)(h) to increase to 30 minutes per side the amount of time allotted to present its evidence in an "expedited hearing"; Amend §440.32(2) to permit an award of attorney's fees for "frivolous proceedings" to be assessed against the offending party, not just the attorney, and repealing the requirement that the order awarding penalties assessed against an attorney under that section be forwarded to a bar grievance committee; Amend §440.34 to: (1) require the payment of carrier-paid claimant's attorney's fees in any case in which the claimant successfully prosecutes a petition seeking the payment of temporary disability, impairment benefits, permanent disability, or medical benefits; (2) repeal the "20%-15%-10%" limits on carrier-paid claimant's attorney's fees; (3) repeal §440.34(7) which permits the award of a one-time carrier-paid claimant's attorney's fee where the claimant has successfully prosecuted a claim for "medical benefits only"; (4) limit the amount of carrier-paid claimant's attorney's fees to 25% of the benefits secured if the benefits are paid more than 30 but less than 90 days after the petition was filed; (5) require the payment of "reasonable" carrier-paid claimant's attorney's fees if the requested benefits are paid more than 90 days after the petition is filed; (6) repeal the "offer of settlement" provisions of §440.34(2); and (7) permit an injured worker and an attorney to contract freely for the terms of the attorney's representation; Amend §440.491 to mandate that temporary total disability benefits paid while the injured worker is undergoing "training and education" be paid in addition to the 104-week limit on temporary total disability benefits provided by §440.15(2).

Full post as published by Florida Workers’ Compensation Law Blog on March 04, 2009 (boomark / email).