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OCTOBER 29, 2009 - DON HARVEY IS ADMITTED TO NEW YORK STATE BAR

I just returned from Albany, New York where I was recently admitted into the New York State Bar. I can now service clients throughout the States of Florida, New York, and Colorado (currently inactive). Call my office today for your free consultation.

JUNE 23, 2009 - State Farm Delays Exit Plan from Florida Until July - The Florida Flight Continues

State Farm's plan to exit Florida is on hold until a hearing in July. State Farm, as many other insurers, have been exiting the State claiming they need rates increased to continue coverages for home owners in Florida. State Farm's most recent request was denied. Let's face it, they are scared of another hurricaine. Unfortunately, their decision to leave will tax Citizen's even further, as they will most likely bear the load, at least temporarily. This is just another example of the insurance industry attempting to dictate their demands (higher rates) on the citizens of Florida. I say good-bye to them and welcome another carrier to fill their shoes. The market will self correct, and someone will want to make money here on the gamble that another disasterous hurricaine does not strike. Let's face it, Florida has existed for 1,000's of years and has withstanded hundreds of hurricaines in the past. Population has increased, especially coastal development, making the gamble to insure Florida home owners much more risky. However, simply raising rates because the markets are down are not the solution. Once again the insurers have cried "wolfe" one too many times.

JUNE 1, 2009 - SELF PROCLAIMED PEOPLE'S GOVERNOR TURNS ON THE PEOPLE OF FLORIDA

Governor Charlie Crist signed HB903 into law late last week. As you may know, this bill favors big business and the insurance industry, once again, over the concerns and rights of the working class here in Florida. It is really no surprise, I guess, as he has already announced he is leaving the Governor's House in hopes of moving to Congress. I hope the passage of the bill will act as a wake up call for the voting population of Florida to get out there and vote this upcoming State election season. The Republicans have controlled both houses and the Governor's Mansion for too long in Florida and to the detriment of the working class. Rights and benefits have severely been eroded over the last 12 years. When will the insurance industry stop arguing they are in crisis already? If they trained their adjusters to do their job correctly, provide the benefits they are supposed to, they would not have any real concerns. Instead, mismanaged files, and wrong decisions in the past lead to what they would argue as inequitable enrichment. If they simply did what they were suppose to do, and they had 30 days to make corrections upon notice, they would not be complaining about why attorney's fees for Claimant's cost them so much. I guess the workers' of Florida are simply left out of the equation and will have a noticeably more difficult time enforcing their rights in the workers' compensation system. We can only sit, wait and now hope that the Supreme Court does not take another five (5) years to address the legality of the law passed.

MAY 20, 2009 - HB903 GOES TO GOVERNOR CRIST - THE PEOPLE'S GOVERNOR

Well, it's up to Gov. Charlie Crist, the self proclaimed people's governor, to veto HB903. In all likelihood, he will sign the same into law. The bill only reduces the rights of injured workers here in Florida to the benefit of the insurance industry. It seems the Senate, House and Governors of Florida over the last 10 years continue to pass legislation for benefit the insurance industry. For an industry that has been unstable for so long, you have to question the reasons behind the instability and constant cry to the legislatures for assistance. When will it end? Let's hope Governor Crist does the right thing and veto's the bill. The bill as passed was accepted by the Senate at the last minute to get support in the House for another bill the Senate wanted passed. Not very sound reasoning for jeopardizing thousands of injured workers in Florida. Seems the workers and voters of Florida do not take a priority in the eyes of most senators and legislatures in Tallahassee. Let's see what Gov. Crist thinks. Stay tuned.

MAY 5, 2009 - SENATE PASSES HOUSE BILL H903

FROM: "Tallahassee, FL (CompNewsNetwork) - HB 903, a bill that effectively negates the Florida Supreme Court ruling in Murray v. Mariner, passed the Florida Senate Friday on a 22-16 vote. The bill has now been sent to the Governor for his signature.

The bill restores a cap on attorneys' fees in workers' compensation cases. In October of last year, the Supreme Court justices ruled that attorneys should be paid reasonably for representing injured workers, finding that the 2003 amendment was "ambiguous"."

Once again the legislatures of Florida have missed the boat and found in favor of the insurance industry and big business. It is quite clear the workers and voters of Florida are not a factor in Tallahassee's decision making process. The Senate version of the bill would have at least given the injured workers' of Florida a fair shake against the business practices and mismanaged files of the insurance industry. We can only hope a challenge to the new law, expected to be signed by Gov. Crist and effective July 1, 2009, will be fast tracked back to the Supreme Court, and not take five (5) more years to make it up on Appeal. If your Senator voted on said passage, I would encourage you to write to them and let them know how dissappointed you are in their decision. You should also contact Governor Crist's office and urge against him signing the bill into law. More importantly, next time their term is up, get out to the polls, vote and truly epxress your dissatisfaction. Until the Legislatures and Governor reallize the every day worker in Florida does matter, legislation like this will continue to pass.

APRIL 15, 2009 - Judiciary Committee to hear SB2072

The workers in Florida hold their breath today, as the Judiciary Committee is slated to take up SB2072, the senate version of the bill already passed by the House. Let's hope there is enough controversy over the bill to delay it's vote and/or approval, before it's put to a vote on the floor of the general assembly. With only a few weeks left before the end of 2009 legislative session, things are looking hopeful for the workers of Florida.

APRIL 10, 2009 - JUDICIARY COMMITTEE POSTPONE VOTE

The Judiciay Committee decided to postpone the vote on SB2072. This is good news potentially for injured workers in Florida. The Committee, however, is expected to take up the bill again for consideration next week. Keep contacting your Senators and urge them to vote against SB2072, and protect the rights and benefits of the workers in the State of Florida. There are still two and half weeks left in this regular scheduled session, and the Governor may extend the same.

April 7, 2009 - House passes House Bill H903

Welcome to the first Blog here at www.877SUETHEM.com. Today's topic is the recent passage of House Bill H903. Essentially the Florida Legislatures back in 2003 passed the current form of the Workers' Compensation Law. It was an attempt to allegedly reduce insurance premiums for companies in Florida, but at the cost of workers' benefits and rights. The theory was if they eliminate, or severely limit the ability for attorney's to make money, attorney's would no longer practice workers' compensation, and hence the insurance industry would only profit more. Prior to 2003, if the insurance company wrongfully denied a benefit, and fought over the issue and lost, they would have to pay the injured worker's attorney an hourly fee. Unfortunately, the insurance companies were not managing and adjusting their files correctly. As a result, they had to pay more money for attorney's fees. Hence the statute in 2003 changed the attorney fee provision in an attempt to eliminate the hourly fee.

I suppose the logical rationale was overlooked. Afterall, the attorney's were only entitled to an hourly fee if the carrier wrongfully denied a particular claim. In fact, they had thirty (30) days from the date a Petition for Benefits was filed to provide the benefit without incurring any additional fees. However, if they chose to continue to deny the benefit and fight, and only if they were in the wrong, would they have to pay the fees at issue. Seems that they are the one's to blame for mismanagement.

The Florida Supreme Court in Murray v. Mariner Health finally overturned the way insurance companies had been dealing with the new language from 2003, some five years after the 2003 passage, and ruled that attorney's for the injured workers were entitled to a "reasonable" fee, which was left at the discretion of the Judge of Compensation Claims, under the guide of prior case law. Once again the playing field was level. Well, it did not take long for both a House and Senate bill to be introduced in the 2009 legislative session in attempt to overturn the Murray decision. Last week the House passed the bill 84 yea to 35 nea. Yet, only five days earlier the same bill was voted on and did not pass with 45 yea and 69 nea votes. Pretty remarkable turn around for the lobbyists for the insurance industry in less than a week's time. The bill is currently pending before the Judiciary Committee. If it makes it to the floor of the General Assembly of the Senate and the passes, the insurance industry will once again have free reign over the injured workers in the State of Florida. If you have not already done so, I would encourage to contact your State Senator and encourage them to vote against Senate Bill S2072. The workers of America, and the State of Florida, have already taken on enough burden from the poor management and decisions of the insurance industry.