| 1 | A bill to be entitled |
| 2 | An act relating to workers' compensation for first |
| 3 | responders; creating s. 112.1815, F.S.; providing a |
| 4 | definition of the term "first responder"; providing a |
| 5 | standard of proof for first responders with an injury or |
| 6 | disease caused by exposure to a toxic substance; providing |
| 7 | that any adverse result or complication relating to |
| 8 | smallpox vaccinations is an injury by accident arising out |
| 9 | of employment for first responders; providing a standard |
| 10 | of proof for first responders in cases involving |
| 11 | occupational disease; providing for the continuation of |
| 12 | permanent total supplemental benefits after the age of 62 |
| 13 | for certain first responders; providing a method for |
| 14 | determining attorney's fees for first responders in cases |
| 15 | involving exposure to toxic substances or occupational |
| 16 | diseases; providing a definition of the term "occupational |
| 17 | disease"; providing that the act fulfills an important |
| 18 | state interest; providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Section 112.1815, Florida Statutes, is created |
| 23 | to read: |
| 24 | 112.1815 Firefighters, paramedics, emergency medical |
| 25 | technicians and law enforcement officers; special provisions for |
| 26 | employment-related accidents and injuries.-- |
| 27 | (1) The term "first responder" as used in this section |
| 28 | means a law enforcement officer as defined in s. 943.10, a |
| 29 | firefighter as defined in s. 633.30, and an emergency medical |
| 30 | technician or paramedic as defined in s. 401.23 employed by |
| 31 | state or local government. A volunteer engaged by state or local |
| 32 | government is also considered a first responder for purposes of |
| 33 | this section. |
| 34 | (2)(a) For the purpose of determining benefits of this |
| 35 | section relating to employment-related accidents and injuries of |
| 36 | first responders, the following shall apply: |
| 37 | 1. An injury or disease caused by the exposure to a toxic |
| 38 | substance is not an injury by accident arising out of employment |
| 39 | unless there is a preponderance of the evidence establishing |
| 40 | that exposure to the specific substance involved, at the levels |
| 41 | to which the first responder was exposed, can cause the injury |
| 42 | or disease sustained by the employee. |
| 43 | 2. Any adverse result or complication caused by a smallpox |
| 44 | vaccination of a first responder is deemed to be an injury by |
| 45 | accident arising out of work performed in the course and scope |
| 46 | of employment. |
| 47 | 3. A mental or nervous injury involving a first responder |
| 48 | and occurring as a manifestation of a compensable injury must be |
| 49 | demonstrated by clear and convincing evidence. For a mental or |
| 50 | nervous injury involving a first responder, payment of medical |
| 51 | benefits under chapter 440 shall be made even if the first |
| 52 | responder's mental or nervous injury is unaccompanied by a |
| 53 | physical injury. However, payment of indemnity as provided in s. |
| 54 | 440.15 may not be made unless a physical injury accompanies the |
| 55 | mental or nervous injury. Benefits for a first responder are not |
| 56 | subject to any limitation on temporary benefits under s. 440.093 |
| 57 | or any limitation on permanent impairment benefits under s. |
| 58 | 440.15(3)(c). |
| 59 | (b) In cases involving occupational disease, both |
| 60 | causation and sufficient exposure to a specific harmful |
| 61 | substance shown to be present in the workplace to support |
| 62 | causation shall be proven by a preponderance of the evidence. |
| 63 | (3) Permanent total supplemental benefits received by a |
| 64 | first responder whose employer does not participate in the |
| 65 | social security program shall not terminate after the first |
| 66 | responder attains the age of 62. |
| 67 | (4) The finder of fact and law is not bound by any |
| 68 | statutory provision regarding attorney's fees relating to the |
| 69 | provision of indemnity or medical benefits for employment- |
| 70 | related accidents or injuries involving exposure to a toxic |
| 71 | substance or occupational disease but must consider the |
| 72 | following factors when awarding an attorney's fee: |
| 73 | (a) The time and labor required, the novelty and |
| 74 | difficulty of the questions involved, and the skill required to |
| 75 | perform the legal service properly. |
| 76 | (b) The fee customarily charged in the locality for |
| 77 | similar legal services. |
| 78 | (c) The amount involved in the controversy and the |
| 79 | benefits payable to the claimant. |
| 80 | (d) The time limitations imposed by the claimant or the |
| 81 | circumstances. |
| 82 | (e) The experience, reputation, and ability of the |
| 83 | attorney or attorneys performing services. |
| 84 | (f) The contingency or certainty of a fee. |
| 85 | (5) For the purposes of this section, the term |
| 86 | "occupational disease" means only a disease that is due to |
| 87 | causes and conditions that are characteristic of and peculiar to |
| 88 | a particular trade, occupation, process, or employment and |
| 89 | excludes all ordinary diseases of life to which the general |
| 90 | public is exposed, unless the incidence of the disease is |
| 91 | substantially higher in the particular trade, occupation, |
| 92 | process, or employment than for the general public. |
| 93 | Section 2. The Legislature finds that this act fulfills an |
| 94 | important state interest. |
| 95 | Section 3. This act shall take effect upon becoming a law. |