1 | The Insurance Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to workers' compensation for first |
7 | responders; amending s. 440.091, F.S.; providing a |
8 | definition of the term "first responder"; providing a |
9 | standard of proof for certain injuries and diseases in |
10 | certain workers' compensation claims; providing that |
11 | certain adverse results and complications are injuries by |
12 | accident arising out of employment; providing for the |
13 | continuation of permanent total supplemental benefits for |
14 | certain first responders; providing a definition of the |
15 | term "occupational disease"; providing legislative |
16 | findings; providing an effective date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
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20 | Section 1. Subsection (4) is added to section 440.091, |
21 | Florida Statutes, to read: |
22 | 440.091 Law enforcement officer, firefighter, emergency |
23 | medical technician, or paramedic; when acting within the course |
24 | of employment.-- |
25 | (4)(a) The term "first responder" as used in this |
26 | subsection means a law enforcement officer as defined in s. |
27 | 943.10, a firefighter as defined in s. 633.30, or an emergency |
28 | medical technician or paramedic as defined in s. 401.23 employed |
29 | by state or local government. A volunteer firefighter engaged by |
30 | state or local government is also considered a first responder |
31 | for purposes of this subsection. |
32 | (b) For the purpose of determining benefits under this |
33 | chapter relating to employment-related accidents and injuries of |
34 | first responders, the following shall apply: |
35 | 1. An injury or disease caused by the exposure to a toxic |
36 | substance is not an injury by accident arising out of employment |
37 | unless there is a preponderance of the evidence establishing |
38 | that exposure to the specific substance involved, at the levels |
39 | to which the first responder was exposed, can cause the injury |
40 | or disease sustained by the employee. |
41 | 2. Any adverse medical condition caused by a smallpox |
42 | vaccination of a first responder is deemed to be an injury by |
43 | accident arising out of work performed in the course and scope |
44 | of employment. |
45 | 3. In cases involving occupational disease, both causation |
46 | and sufficient exposure to a specific harmful substance shown to |
47 | be present in the workplace to support causation shall be proven |
48 | by a preponderance of the evidence. |
49 | (c) Permanent total supplemental benefits under s. |
50 | 440.15(1)(f) received by a first responder whose employer does |
51 | not participate in the social security program shall not |
52 | terminate after the first responder attains the age of 62. |
53 | (d) For the purposes of this subsection, the term |
54 | "occupational disease" means only a disease that is due to |
55 | causes and conditions that are characteristic of and peculiar to |
56 | a particular trade, occupation, process, or employment and |
57 | excludes all ordinary diseases of life to which the general |
58 | public is exposed, unless the incidence of the disease is |
59 | substantially higher in the particular trade, occupation, |
60 | process, or employment than for the general public. |
61 | Section 2. The Legislature finds that this act fulfills an |
62 | important state interest. |
63 | Section 3. This act shall take effect October 1, 2006. |