COMMISSIONER APPROVES ONGOING WORK COMP RATE REDUCTIONS FOR FLORIDA EMPLOYERS

Tamela I. Perdue

On October 31, 2007, Insurance Commissioner, Kevin McCarty, approved a workers’ compensation rate decrease of 18.4% for Florida employers, effective January 1, 2008.

Because of this latest rate reduction, Florida’s employers will realize, on average a cumulative 51.4% rate reduction in workers’ compensation premiums since the passage of the 2003 workers’ compensation reforms. Commissioner McCarty issued a press release with the order praising the improvements that Florida’s workers’ compensation system has experienced since the 2003 reforms. The 18.4 percent decrease is the largest one-year decrease in workers' compensation rates on record for Florida.

With this rate approval, Florida’s major industries will see rate reductions as follows:
1/1/08 Filing Cumulative 10/1/03–1/1/08

Manufacturing -17.5% - 47.6%
Contracting -17.9% - 52.0%
Office and Clerical -21.3% - 50.8%
Goods and Services -19.0% - 51.5%
Miscellaneous -15.2% - 53.0%

TOTAL -18.4% - 51.4%

Prior to the entry of the Order, there was a rate hearing October 8, in which the National Council on Compensation Insurance (NCCI) sought approval of 16.3% decrease in Florida’s workers’ compensation rates. Following NCCI’s presentation, a representative of the Insurance Consumer Advocate (ICA) testified that he believed the rate decrease should be closer to 36.3%.

Business community members testified at the hearing and congratulated the Office of Insurance Regulation for the work have done in bringing down employer rates in tandem with the success of the 2003 reforms. However, they cautioned against weakening the insurance companies capitalization requirements because restoring stability to Florida’s workers’ compensation marketplace, with available and affordable coverage for employers was the primary goal of the Florida Legislature’s 2003 reforms.

A representative of the Florida Workers Advocates – a group of trial attorneys who represent workers’ compensation claimants hinted they may soon seek legislation to expand benefits. Obviously, such efforts would increase rates to employers and would likely throw the Florida market into another decline.