Workers’ comp claims rising
Florida coronavirus incidences as of 6/21/20, 9:25pm ET
If you’ve been hankering to get back to having civil trials by jury in Florida, there is positive movement to report in that direction. Also making news is the number of workers’ compensation cases filed because of the coronavirus, although there are few litigated claims to date. Plus, Florida State University is out with a new national survey of small businesses that show Florida is faring better than the rest of the country in terms of COVID-19 business impacts.
Civil Trials: Florida Supreme Court Chief Justice Charles Canady suspended all criminal and civil jury trials in March due to the pandemic and recently extended that suspension through July 17. Now he’s out with an order that will gradually move courts into “Phase 2” operations, allowing limited personal contact and protective measures. In-person jury trials would be allowed based on local conditions in individual counties and circuits, 30 days after the chief judge of a circuit determines all conditions have been met. Another order, based on the Court’s ongoing workgroup recommendations, details conditions under which a potential juror may be dismissed from duty, as well as best practices.
Workers’ Comp Cases: Florida’s Deputy Chief Judge of Compensation Claims, David Langham, writes in his blog that “data currently suggests that significant volumes of COVID-19 claims are being reported to employers, and thus the Division” of Administrative Hearings. As of June 1, there have been 3,807 cases reported. They include those working in airlines, health care, protective services, offices, and in the service industry. Most (55% or 2,089s) cases have been accepted and workers’ comp benefits provided. Judge Langham reports that the volume has not led yet to a significant number of litigated cases, but notes that “the time allowed for filing those claims is significant.”
Business Impact: A national survey of small businesses finds that 15.2% have closed permanently because of the coronavirus, another 14.5% closed temporarily, and that nearly one-third more are operating below 40% capacity. The Florida State University survey of 567 small businesses and nonprofits also found that almost 47% laid off employees during the pandemic.
“Florida seems to be faring better than other parts of the country, as only 10% of the 137 Florida businesses in our sample have temporarily or permanently closed, and only 32% have laid off any employees,” said Professor Samantha Paustian-Underdahl of the FSU College of Business, who lead the research team. You can read more here.
LMA Newsletter of 6/22/20
