Bill Text: FL S0212 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Claims/Law Enforcement and Correctional Officers [WPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Messages, companion bill(s) passed, see CS/CS/SB 2176 (Ch. 2010-175) [S0212 Detail]

Download: Florida-2010-S0212-Comm_Sub.html

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Florida Senate - 2010                              CS for SB 212 
 
By the Committee on Criminal Justice; and Senator Oelrich 
591-02482-10                                           2010212c1 
1                        A bill to be entitled 
2         An act relating to claims by law enforcement and 
3         correctional officers; amending s. 112.18, F.S.; 
4         providing conditions under which a law enforcement 
5         officer, correctional officer, or correctional 
6         probation officer who suffers from a specified medical 
7         condition and has materially departed from the 
8         prescribed treatment for that condition shall lose a 
9         specified presumption for workers’ compensation claims 
10         made on or after a specified date; defining the term 
11         “prescribed course of treatment”; providing for 
12         independent medical examinations in certain 
13         situations; providing that only claims made before 
14         leaving employment are eligible for a specified 
15         presumption; providing an effective date. 
16 
17  Be It Enacted by the Legislature of the State of Florida: 
18 
19         Section 1. Section 112.18, Florida Statutes, is amended to 
20  read: 
21         112.18 Firefighters and law enforcement or correctional 
22  officers; special provisions relative to disability.— 
23         (1)(a) Any condition or impairment of health of any Florida 
24  state, municipal, county, port authority, special tax district, 
25  or fire control district firefighter or any law enforcement 
26  officer, or correctional officer, or correctional probation 
27  officer as defined in s. 943.10(1), (2), or (3) caused by 
28  tuberculosis, heart disease, or hypertension resulting in total 
29  or partial disability or death shall be presumed to have been 
30  accidental and to have been suffered in the line of duty unless 
31  the contrary be shown by competent evidence. However, any such 
32  firefighter or law enforcement officer must shall have 
33  successfully passed a physical examination upon entering into 
34  any such service as a firefighter or law enforcement officer, 
35  which examination failed to reveal any evidence of any such 
36  condition. Such presumption does shall not apply to benefits 
37  payable under or granted in a policy of life insurance or 
38  disability insurance, unless the insurer and insured have 
39  negotiated for such additional benefits to be included in the 
40  policy contract. 
41         (b)1. For any workers’ compensation claim filed under this 
42  section and chapter 440 occurring on or after July 1, 2010, a 
43  law enforcement officer, correctional officer, or correctional 
44  probation officer as defined in s. 943.10(1), (2), or (3) 
45  suffering from tuberculosis, heart disease, or hypertension is 
46  presumed not to have incurred such disease in the line of duty 
47  as provided in this section if the law enforcement officer, 
48  correctional officer, or correctional probation officer: 
49         a. Departed in a material fashion from the prescribed 
50  course of treatment of his or her personal physician and the 
51  departure is demonstrated to have resulted in a significant 
52  aggravation of the tuberculosis, heart disease, or hypertension 
53  resulting in disability or increasing the disability or need for 
54  medical treatment; or 
55         b. Was previously compensated pursuant to this section and 
56  chapter 440 for tuberculosis, heart disease, or hypertension and 
57  thereafter sustains and reports a new compensable workers’ 
58  compensation claim under this section and chapter 440, and the 
59  law enforcement officer, correctional officer, or correctional 
60  probation officer has departed in a material fashion from the 
61  prescribed course of treatment of an authorized physician for 
62  the preexisting workers’ compensation claim and the departure is 
63  demonstrated to have resulted in a significant aggravation of 
64  the tuberculosis, heart disease, or hypertension resulting in 
65  disability or increasing the disability or need for medical 
66  treatment. 
67         2. As used in this paragraph, “prescribed course of 
68  treatment” means prescribed medical courses of action and 
69  prescribed medicines for the specific disease or diseases 
70  claimed and as documented in the prescribing physician’s medical 
71  records. 
72         3. If there is a dispute as to the appropriateness of the 
73  course of treatment prescribed by a physician under sub 
74  subparagraph 1.a. or sub-subparagraph 1.b. or whether a 
75  departure in a material fashion from the prescribed course of 
76  treatment is demonstrated to have resulted in a significant 
77  aggravation of the tuberculosis, heart disease, or hypertension 
78  resulting in disability or increasing the disability or need for 
79  medical treatment, the law enforcement officer, correctional 
80  officer, or correctional probation officer is entitled to seek 
81  an independent medical examination pursuant to s. 440.13(5). 
82         4. A law enforcement officer, correctional officer, or 
83  correctional probation officer is not entitled to the 
84  presumption provided in this section unless a claim for benefits 
85  is made prior to leaving the employment of the employing agency. 
86         (2) This section authorizes each governmental entity 
87  specified in subsection (1) shall be construed to authorize the 
88  above governmental entities to negotiate policy contracts for 
89  life and disability insurance to include accidental death 
90  benefits or double indemnity coverage which shall include the 
91  presumption that any condition or impairment of health of any 
92  firefighter, law enforcement officer, or correctional officer 
93  caused by tuberculosis, heart disease, or hypertension resulting 
94  in total or partial disability or death was accidental and 
95  suffered in the line of duty, unless the contrary be shown by 
96  competent evidence. 
97         Section 2. This act shall take effect July 1, 2010.