Senate Bill 2532

    Florida Senate - 2000                                  SB 2532

    By Senator Thomas





    3-1058A-00

  1                      A bill to be entitled

  2         An act relating to workers' compensation;

  3         clarifying the legislative intent that the

  4         terms "net premiums written" and "net premiums

  5         collected" as used in ch. 440, F.S., include

  6         ceded reinsurance premiums in accord with

  7         original intent; clarifying the legislative

  8         intent that the term "major contributing cause"

  9         as used in ch. 440, F.S., be interpreted in

10         accord with original intent; providing an

11         effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Legislative intent.--It is the intent of

16  the Legislature to clarify that the terms "net premiums

17  written" and "net premiums collected" as used in chapter 440,

18  Florida Statutes, mean premiums arising from workers'

19  compensation policies issued by an insurer in this state as

20  the primary insurance carrier without deduction for ceded

21  reinsurance premiums transferred to another insurance company

22  for reinsurance purchased or any premium expense attributable

23  to purchasing reinsurance.

24         Section 2.  Legislative intent.--It is the intent of

25  the Legislature to clarify that the term "major contributing

26  cause," and the requirement that the "major contributing

27  cause" be proven to a "reasonable degree of medical

28  certainty," as those terms are used in chapter 440, Florida

29  Statutes, means that to be the major contributing cause of a

30  disability or need for treatment the workplace injury must be

31  more than 50 percent of the cause of the disability or need

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 2532
    3-1058A-00




  1  for treatment when compared to all other combined causes

  2  contributing to the disability or need for treatment. When the

  3  injury is not readily observable without medical examination,

  4  expert medical testimony is required to establish to a

  5  reasonable medical certainty the percentage of causation

  6  attributable to the workplace injury.

  7         Section 3.  This act shall take effect upon becoming a

  8  law.

  9

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11                          SENATE SUMMARY

12    Provides legislative intent to clarify the terms "net
      premiums written," "net premiums collected," "major
13    contributing cause," and "reasonable degree of medical
      certainty" as used in ch. 440, F.S.
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