Sunday, September 16, 2007

Andrea Cox moves on

Andrea M. Cox, Esq. has worked with me for the past 5 years. She is leaving to pursue her appellate practice with a multi state firm that does not handle workers' compensation matters. Her talent and intellect will be missed. The clients that she represented were well served. While I seek a replacement I will continue to handle all matters myself.

The Jose Somohano Family Death Benefit Act

This past week the citizens of Miami-Dade County lost another brave public servant. Jose Somohano was gunned down on the job. He left a young widow and 2 young children. His family will receive two thirds of his pay, up to the maximum allowed, for approximately 3 1/2 years until $150,000.00 is paid out. Then the workers' compensation death benefit will end. The widow will be about 40. The kids not yet in college. The income will cease, except for the charity, the funds set up by strangers. Will it be enough?
Less than a month ago a Broward county deputy was killed on the job and left a widow and children. Again, the compensation benefits will run out in a little over 3 years.
35 years ago the National Commission on State Workers' Compensation Laws reported unanimously to the congress and the president that workers' compensation benefits were woefully inadequate. In the area of death benefits the commission said the widows benefits should be for life or until remarriage, and even if remarried, for the payment of another 2 years in a lump sum. The children should be paid as long as dependent, at least to age 18 and at least to age 25 if they are in school. Thirty five years later and the best we can do is a total of $150,000.00?
It's time to tell your legislators that those killed on the job, over 400 people every year in Florida, need to have benefits that take care of their dependants for longer than 3 1/2 years.
I propose the Jose Somohano Family Death Benefit Act. An act to provide benefits as suggested 35 years ago. Let his death be a legacy.

On another note, as the current chair of the Workers' Compensation Section of the Florida Bar, I attended a meeting with CFO Alex Sink. The CFO oversees the Division of Workers' Compensation, the Administration Trust Fund and the Divison of Risk Management. The Section's legislative positions were discussed and a request was made for the CFO to commission a study of the effects of the 2003 amendments, other than the obvious drop in premiums of almost 50%. The CFO was receptive to the idea.