Division issues 2016 Results and Accomplishments Report

The Division of Workers' Compensation has issued its 2016 Results and Accomplishments Report.  The Report contains important system information related to lost-time claims and medical costs as well as outcome and performance measures for each of the Division's major program areas.  To view the Report, click here:

http://www.myfloridacfo.com/Division/WC/PublicationsFormsManualsReports/Reports/AnnualReportWC2016.pdf 

Three Member Panel Meeting - January 4, 2017

The Florida Department of Financial Services, Division of Workers' Compensation announces a public meeting of the Three-Member Panel that will be held on Wednesday, January 4, 2017, beginning at 3:00 p.m. in room 116 of the J. Edwin Larson Building located at 200 East Gaines Street, Tallahassee, Florida. This public meeting, to which all are invited, has been convened to facilitate the Panel's consideration of the following items:

- The Three-Member Panel 2017 Biennial Report

- The Division's Annual Report on the resolution of health care provider medical reimbursement disputes and activities (2016) conducted pursuant to s. 440.13(8), F.S.

The Division of Workers' Compensation will publish the meeting packet for the Panel's January 4, 2017 meeting on the Division's website under "Notices" (http://www.myfloridacfo.com/Division/WC/noticesRules.htm).

Notice of this public meeting appears in the Wednesday, December 21, 2016, issue of the Florida Administrative Register. To view the official (published) notice click on the following link:  https://www.flrules.org/Gateway/View_notice.asp?id=18390441 

If you have questions about this communication, please contact:  Brittany O'Neil, Policy Coordinator, Division of Workers' Compensation, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-4220, Phone (850) 413-1927 or Brittany.ONeil@myfloridacfo.com. 

 

To learn more about these issues and other Workers' Compensation information click here: http://www.myfloridacfo.com/Division/WC/

Maximum Workers' Compensation Rate, Effective January 1, 2017

The Florida Department of Economic Opportunity has determined the statewide average weekly wage paid by employers subject to the Florida Reemployment Assistance Program Law to be $886.46 for the four calendar quarters ending June 30, 2016.

Subsection 440.12(2), Florida Statutes (2016), expressly provides that, for injuries occurring on or after August 1, 1979, the weekly compensation rate shall be equal to 100 percent of the statewide average weekly wage, adjusted to the nearest dollar, and that the average weekly wage determined by the Department of Economic Opportunity for the four calendar quarters ending each June 30 shall be used in determining the maximum weekly compensation rate with respect to injuries occurring in the calendar year immediately following.

Accordingly, the maximum weekly compensation rate for work-related injuries and illnesses occurring on or after January 1, 2017 shall be $886.00.

Florida DWC to Change Rule 69L-6.027

A Notice of Development of Rulemaking (www.myfloridacfo.com/Division/WC/pdf/69L-6.015-.027-Rule-Development-Notice-2016-Nov-22.doc) was published for proposed Rules 69L-6.015 and 69L-6.027, both for the Florida Administrative Code.

The notice provides that if requested in writing, a Rule Workshop will be held on Monday, December 19, 2016, at 9:30 A.M., eastern time, at 2012 Capital Circle, SE, Room 102, Hartman Building, in Tallahassee, Florida.

Chapter 2016-56, Laws of Florida, amended subsection 440.05(10), F.S., to delete the requirement that any corporation with exempt officers engaged in the construction industry must maintain written statements of those exempted persons acknowledging each such individual's exempt status. The proposed amendment to Rule 69L-6.015, F.A.C., will also delete this requirement from the rule. Chapter 2016-56, Laws of Florida, also included legislative changes to the penalty requirements in subsection 440.107(7), F.S. The changes include: (i) a 25% penalty reduction for non-compliant employers who have not previously been issued a stop-work order or penalty assessment order and who timely provide requested business records; and (ii) a reduction of the imputed payroll multiplier from twice the statewide average weekly wage to the pre-2014 level of one and one-half times the statewide average weekly wage. The proposed amendment to Rule 69L-6.027, F.A.C., will incorporate these changes on the Penalty Calculation Worksheet.

The official Notice of Development of Rulemaking (www.myfloridacfo.com/Division/WC/pdf/69L-6.015-.027-Rule-Development-Notice-2016-Nov-22.doc) appeared in Volume 42, Number 232 of the Florida Administrative Register, published on December 1, 2016.

Florida Division of WC Survey for 3 Member Panel

This e-alert contains a link to survey stakeholders regarding the Florida Workers' Compensation System.  The purpose of the survey is to fulfill the requirements in section 440.13(12)(e), F.S. whereby the Three-Member Panel is to collect data and survey stakeholders to determine the state of the workers' compensation benefit delivery system.  Please use the link below to respond to the survey.  The survey will be open until Thursday, December 8, 2016.  If you have issues accessing the survey please email Brittany.oneil@myfloridacfo.com.

Click link to respond to survey:  https://app.smartsheet.com/b/form?EQBCT=7217e3f30e2a4a50895bc962303ad402 

To learn more about these issues and other Workers' Compensation information click here: http://www.myfloridacfo.com/Division/WC/ 

Rules 69L-6.028 and 69L-6.035 Hearing Set November 1, 2016

A Notice of Development of Rulemaking was published for proposed Rules 69L-6.028 and 69L-6.035, both for the Florida Administrative Code.  The notice provides that if requested in writing, a Rule Hearing will be held on Tuesday, November 1, 2016, at 10:00 A.M., eastern time, at 2012 Capital Circle, SE, Room 102, Hartman Building, in Tallahassee, Florida.

Proposed Rule 69L-6.028, F.A.C., clarifies time periods of employer non-compliance for penalty calculation purposes, and provides that the Department may impute the employer's payroll as early as 10 business days following the employer's receipt of the Department's request to produce business records. The rule is also amended to reflect the statutory revision reducing the imputed payroll multiplier from 2 times to 1.5 times the statewide average weekly wage.  Proposed Rule 69L-6.035, F.A.C., broadens the scope of remuneration to employees to include the validation of expense reimbursements; employee classification code assignments for payroll calculation purposes; and remuneration occurring on the day a stop-work order is issued.  The proposed rule also provides guidance regarding the required documentation associated with the aforementioned forms of remuneration.  The proposed rules also include additional technical changes.

The official Notice of Development of Rulemaking appeared in Volume 42, Number 198 of the Florida Administrative Register, published on October 11, 2016.  If you have questions about the contents of this notice, please contact Pam Macon, Chief, Bureau of Compliance, Division of Workers' Compensation at (850) 413-1708 or Pamela.Macon@myfloridacfo.com.

Reimbursement Manual Discussions at the Division

The Florida Division of Workers' Compensation submitted a Notice of Proposed Rulemaking for Rules 69L-7.501, 69L-7.100, and 69L-7.020, Florida Administrative Code.  The Division will host three hearings on Monday, October 24, 2016, at the times listed below at 2012 Capital Circle, SE, Room 102, Hartman Building, in Tallahassee, Florida.  All times are Eastern Standard Time.  The proposed rules are amended to adopt the 2016 editions of the Florida Workers' Compensation Reimbursement Manual for Hospitals, Florida Workers' Compensation Reimbursement Manual for Ambulatory Surgical Centers (ASCs), and Florida Workers' Compensation Health Care Provider Reimbursement Manual as approved by the Three-Member Panel during a scheduled meeting held on April 20, 2016, pursuant to paragraph 440.13(12)(a), F.S.

- 9:00 am - 10:30 am, 69L-7.501, Florida Workers' Compensation Reimbursement Manual for Hospitals, 2016 Edition (www.myfloridacfo.com/Division/WC/pdf/Draft-69L-7.501-Workshop-2016HRM-08_22_2016.pdf)

- 10:30 am - 12:00 pm, 69L-7.100, Florida Workers' Compensation Reimbursement Manual for Ambulatory Surgical Centers (ASCs), 2016 Edition (www.myfloridacfo.com/Division/WC/pdf/Draft-69L-7.100-Post-Workshop-2016ASCRM-08_15_2016.pdf)

- 1:00 pm - 2:30 pm, 69L-7.020, Florida Workers' Compensation Health Care Provider Reimbursement Manual, 2016 Edition (www.myfloridacfo.com/Division/WC/pdf/Draft-69L-7.020-Post-Workshop-2016HCPRM-08_11_2016.pdf)

The Notice of Proposed Rulemaking appeared in Volume 42, Number 191 (https://www.flrules.org/BigDoc/View_Section.asp?Issue=2210&Section=2) of the Florida Administrative Weekly, published on September 30, 2016. If you have questions about the contents of this notice, please contact Brittany O'Neil, Policy Coordinator, Division of Workers' Compensation at (850) 413-1927 or Brittany.Oneil@myfloridacfo.com .

To obtain copies of the Notice and Proposed Rule, please use the link below.

https://www.flrules.org/Gateway/View_notice.asp?id=18083436

https://www.flrules.org/Gateway/View_notice.asp?id=18083533

https://www.flrules.org/Gateway/View_notice.asp?id=18083630