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Florida To Cut Down on WC Expenses (In California)

UPDATE (6/23/11):  The bill has been signed and is now law.  Will this signal a trend that other states will follow?  Only time will tell.

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It appears that Florida might be riding to the rescue to ease some of the burden on California’s Workers’ Compensation system.  While taking a break from hunting alligators and providing the single most popular way of getting out of serving on a criminal case jury (trust me, just tell the judge or prosecutor that you watch CSI: Miami and you’ll be home in time for the intro sequence), the Florida legislature has presented a bill for Governor Rick Scott’s signature.

This new bill would require all employees of Florida companies injured while working  for the employer (temporarily) in another state to press their claims in Florida and under Florida’s Workers’ Compensation laws.

Why would someone from Florida want to have their Workers’ Compensation claim adjudicated under the laws of another state, such as California?  To put it gently, California is somewhat more generous with employers’/insurers’ coffers, than many of the other states, Florida included.

If Governor Scott signs this bill, claims ranging from boredom-induced psyche injuries for visiting convention attendees all the way to training and game injuries (fantasy league pride-stinging included) for professional football and hockey players will have their claims adjudicated in their home states, where their employers and their employer’s insurance companies can retain counsel with previously negotiated and volume-based reduced hourly rates and keep the costs of adjusting the claim to a minimum based on already-possessed knowledge and expertise.

As a California defense attorney, I hate to see less business walk through my doors, especially business glowing with Florida tans and generous with Disney World tickets.  But at the same time, I would be glad to see a less cluttered and overburdened calendar down at the Board, and I am also happy to see employers treated fairly within their own state.  Do I dare dream that California’s will one day experience the same?

In the event that Governor Scott doesn’t sign this bill, or some angry mob of applicant’s attorneys threatens to boycott Florida Orange Juice, I will still happily help any out-of-state defendants run the gauntlet of California’s Workers’ Compensation system.

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