Michael Moline
A state appeal court has set up an expedited hearing schedule in a challenge to Florida’s 14.5 percent increase in workers’ compensation insurance premiums.
The 1st District Court of Appeal gave the Florida Office of Insurance Regulation and the National Council on Compensation Insurance, or NCCI, until Jan. 11 to file its arguments on the merits of the case.
James Fee, the Miami workers’ compensation attorney behind the lawsuit, then will have until Jan. 23 to respond in writing.
Each side will have until Feb. 2 to file their final briefs.
“No extensions of time shall be entertained by this court on any matter absent a bona fide showing of emergency circumstances,” the court said.
Also in the order dated Monday, the appeal court formally blocked a trial judge’s holding that NCCI and state regulators calculated the premium increase in violation of Florida’s open-government laws.
The appeal court had already temporarily blocked the lower court order, pending arguments over whether the increase could take effect while the parties argued about the underlying merits.
That allowed the increase to begin taking effect as scheduled on Dec. 1. Businesses will realize the increase as they buy new or renewal policies over the next 12 months.
NCCI calculates rates for workers’ compensation coverage in Florida. Leon County Circuit Judge Karen Geivers ruled on Nov. 23 that the organization should have opened its deliberations and documentation to the public. NCCI and Insurance Commissioner David Altmaier argue the open-government laws did not apply to the council.
NCCI issued a written statement welcoming Monday’s order: “We continue to believe that NCCI, Commissioner Altmaier, and the Office of Insurance Regulation have fully complied with the law. NCCI looks forward to presenting its case to the appellate court.
