Bill Text: FL S1448 | 2010 | Regular Session | Introduced

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Bill Title: Workers' Compensation Claims/State Reciprocity [CPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Banking and Insurance [S1448 Detail]

Download: Florida-2010-S1448-Introduced.html

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Florida Senate - 2010                                    SB 1448 
 
By Senator Thrasher 
8-01673-10                                            20101448__ 
1                        A bill to be entitled 
2         An act relating to state reciprocity in workers’ 
3         compensation claims; amending s. 440.09, F.S.; 
4         exempting certain employees working in this state and 
5         the employers of such employees from the Workers’ 
6         Compensation Law of this state under certain 
7         conditions; providing requirements for the 
8         establishment of prima facie evidence that the 
9         employer carries certain workers’ compensation 
10         insurance; requiring courts to take judicial notice of 
11         the construction of certain laws; providing an 
12         effective date. 
13 
14  Be It Enacted by the Legislature of the State of Florida: 
15 
16         Section 1. Paragraph (e) is added to subsection (1) of 
17  section 440.09, Florida Statutes, to read: 
18         440.09 Coverage.— 
19         (1) The employer must pay compensation or furnish benefits 
20  required by this chapter if the employee suffers an accidental 
21  compensable injury or death arising out of work performed in the 
22  course and the scope of employment. The injury, its occupational 
23  cause, and any resulting manifestations or disability must be 
24  established to a reasonable degree of medical certainty, based 
25  on objective relevant medical findings, and the accidental 
26  compensable injury must be the major contributing cause of any 
27  resulting injuries. For purposes of this section, “major 
28  contributing cause” means the cause which is more than 50 
29  percent responsible for the injury as compared to all other 
30  causes combined for which treatment or benefits are sought. In 
31  cases involving occupational disease or repetitive exposure, 
32  both causation and sufficient exposure to support causation must 
33  be proven by clear and convincing evidence. Pain or other 
34  subjective complaints alone, in the absence of objective 
35  relevant medical findings, are not compensable. For purposes of 
36  this section, “objective relevant medical findings” are those 
37  objective findings that correlate to the subjective complaints 
38  of the injured employee and are confirmed by physical 
39  examination findings or diagnostic testing. Establishment of the 
40  causal relationship between a compensable accident and injuries 
41  for conditions that are not readily observable must be by 
42  medical evidence only, as demonstrated by physical examination 
43  findings or diagnostic testing. Major contributing cause must be 
44  demonstrated by medical evidence only. 
45         (e)1. An employee from another state and the employer of 
46  the employee in the other state are exempt from the provisions 
47  of this chapter while the employee is temporarily in this state 
48  doing work for the employer if: 
49         a. The employer has furnished workers’ compensation 
50  insurance coverage under the workers’ compensation insurance or 
51  similar laws of the other state to cover the employee’s 
52  employment while in this state; 
53         b. The extraterritorial provisions of this chapter are 
54  recognized in the other state; and 
55         c. Employees and employers who are covered in this state 
56  are likewise exempted from the application of the workers’ 
57  compensation insurance or similar laws of the other state. 
58         2. The benefits under the workers’ compensation insurance 
59  or similar laws of the other state, or other remedies under 
60  similar law, are the exclusive remedy against the employer for 
61  any injury, whether resulting in death or not, received by the 
62  employee while working for that employer in this state. 
63         3. A certificate from the duly authorized officer of the 
64  labor department or similar department of another state 
65  certifying that the employer of the other state is insured 
66  therein and has provided extraterritorial coverage insuring 
67  employees while working in this state is prima facie evidence 
68  that the employer carries that workers’ compensation insurance. 
69         4. An employer from another state who meets the 
70  requirements of this paragraph is not subject to the 
71  requirements of ss. 440.10(1)(g) and 440.38(7). 
72         5. Whenever in any appeal or other litigation the 
73  construction of the laws of another jurisdiction is required, 
74  the courts shall take judicial notice of such construction of 
75  the laws of the other jurisdiction. 
76         Section 2. This act shall take effect July 1, 2010.