DFS Workers’ Compensation Rule Workshop Report: November 10
Nov 10, 2008
On Monday, November 10, 2008, the Florida Department of Financial Services (“DFS”), Division of Workers’ Compensation held a public Workshop on proposed Rule 69L-6.028 entitled “Procedures for Imputing Payroll and Penalty Calculations.” The proposed Rule would give DFS an alternative means with which to calculate an employer’s imputed payroll, to clarify the timeframe within which such imputation may occur, and to define the meaning of “non-compliance” within the Rule.
Concerns were raised at the Workshop about the five-day time period for record imputation required by the Rule. According to those testifying, it will be difficult for many businesses to comply with this requirement. The current time period for reporting is 15 days. It was recommended during the Workshop that the proposed five-day time period be increased to ten days. DFS officials noted that many employers currently provide records within five days. Further, the Rule provides DFS with the discretion to allow for additional time if necessary.
Following public testimony, DFS officials noted that the comments will be considered and the record will remain open for ten days until November 20, 2008. After proper notice, then there will be a public hearing on the proposed Rule during which interested parties will have another opportunity to provide comments.
Should you have any questions or comments, please do not hesitate to contact Colodny Fass.
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