Senate Bill sb1744c1
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Florida Senate - 2005 CS for SB 1744
By the Committee on Banking and Insurance; and Senators
Alexander, Geller, Aronberg, Crist, Bullard, Lynn and Campbell
597-2090-05
1 A bill to be entitled
2 An act relating to workers' compensation for
3 first responders; creating s. 112.1815, F.S.;
4 providing a definition; providing standard of
5 proof for first responders with an injury or
6 disease caused by exposure to a toxic
7 substance; providing that any adverse result or
8 complication relating to small pox vaccinations
9 is an injury by accident arising out of
10 employment for first responders; providing
11 standard of proof for first responders in cases
12 involving occupational disease; providing for
13 the continuation of permanent total
14 supplemental benefits after the age of 62 for
15 certain first responders; revising attorney's
16 fees for first responders in cases involving
17 exposure to toxic substances or occupational
18 diseases; providing that the act fulfills an
19 important state interest; providing an
20 effective date.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Section 112.1815, Florida Statutes, is
25 created to read:
26 112.1815 Firefighters, paramedics, emergency medical
27 technicians, law enforcement officers; special provisions
28 relative to employment-related accidents and injuries.--
29 (1) The term "first responder" as used in this section
30 means a law enforcement officer as defined in s. 943.10, a
31 firefighter as defined in s. 633.30, and an emergency medical
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 1744
597-2090-05
1 technician or a paramedic as defined in s. 401.23 employed by
2 state or local government. A volunteer firefighter engaged by
3 state or local government is also considered a first responder
4 for purposes of this section.
5 (2)(a) For the purpose of determining benefits of the
6 section relating to employment-related accidents and injuries
7 of first responders, the following shall apply:
8 1. An injury or disease caused by the exposure to a
9 toxic substance is not an injury by accident arising out of
10 employment unless there is a preponderance of the evidence
11 establishing that exposure to the specific substance involved,
12 at the levels to which the first responder was exposed, can
13 cause the injury or disease sustained by the employee.
14 2. Any adverse result or complication caused by a
15 smallpox vaccination of a first responder is deemed to be an
16 injury by accident arising out of work performed in the course
17 and scope of employment.
18 3. A mental or nervous injury involving a first
19 responder and occurring as a manifestation of a compensable
20 injury must be demonstrated by clear and convincing evidence.
21 For a mental or nervous injury involving a first responder,
22 payment of medical benefits under chapter 440 shall be made
23 even if the first responder's mental or nervous injury is
24 unaccompanied by a physical injury. However, payment of
25 indemnity as provided in s. 440.15 may not be made unless a
26 physical injury accompanies the mental or nervous injury.
27 Benefits for a first responder are not subject to any
28 limitation on temporary benefits under s. 440.093 or any
29 limitation on permanent impairment benefits under s.
30 440.15(3)(c).
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 1744
597-2090-05
1 (b) In cases involving occupational disease, both
2 causation and sufficient exposure to a specific harmful
3 substance shown to be present in the workplace to support
4 causation shall be proven by a preponderance of the evidence.
5 (3) Permanent total supplemental benefits received by
6 a first responder whose employer does not participate in the
7 social security program shall not terminate after the first
8 responder attains the age of 62.
9 (4) In cases involving first responders having an
10 alleged exposure to toxic substances or an occupational
11 disease, payment for attorney's fees shall be made as provided
12 in s. 440.34, except that the amount of such fee shall be a
13 reasonable fee after considering all relevant factors, and the
14 limitations specified in s. 440.34(1) and (7) do not apply.
15 Section 2. The Legislature finds that this act
16 fulfills an important state interest.
17 Section 3. This act shall take effect upon becoming a
18 law.
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Florida Senate - 2005 CS for SB 1744
597-2090-05
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1744
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4 The committee substitute provides the following changes:
5 o Reinstates current law by providing that in order for a
mental injury to be a compensable injury, the mental or
6 nervous injury must be demonstrated by clear and
convincing evidence.
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o Eliminates the current six-month limitation on temporary
8 total disability benefits for compensable mental or
nervous injuries after a first responder reaches maximum
9 medical improvement and the 1 percent limitation for
permanent impairment benefits for psychiatric impairment.
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o Revises the attorney fee language that authorizes
11 additional hourly fees for toxic and occupational
diseases involving a first responder to clarify that the
12 remaining provisions of s. 440.34, F.S., would still
apply.
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o Transfers provisions of the bill from ch. 440, F.S., to
14 ch. 112, F.S., which addresses state and local government
employees.
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