HB 0141CS

CHAMBER ACTION




1The Insurance Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to workers' compensation for first
7responders; amending s. 440.091, F.S.; providing a
8definition of the term "first responder"; providing a
9standard of proof for certain injuries and diseases in
10certain workers' compensation claims; providing that
11certain adverse results and complications are injuries by
12accident arising out of employment; providing for the
13continuation of permanent total supplemental benefits for
14certain first responders; providing a definition of the
15term "occupational disease"; providing legislative
16findings; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Subsection (4) is added to section 440.091,
21Florida Statutes, to read:
22     440.091  Law enforcement officer, firefighter, emergency
23medical technician, or paramedic; when acting within the course
24of employment.--
25     (4)(a)  The term "first responder" as used in this
26subsection means a law enforcement officer as defined in s.
27943.10, a firefighter as defined in s. 633.30, or an emergency
28medical technician or paramedic as defined in s. 401.23 employed
29by state or local government. A volunteer firefighter engaged by
30state or local government is also considered a first responder
31for purposes of this subsection.
32     (b)  For the purpose of determining benefits under this
33chapter relating to employment-related accidents and injuries of
34first responders, the following shall apply:
35     1.  An injury or disease caused by the exposure to a toxic
36substance is not an injury by accident arising out of employment
37unless there is a preponderance of the evidence establishing
38that exposure to the specific substance involved, at the levels
39to which the first responder was exposed, can cause the injury
40or disease sustained by the employee.
41     2.  Any adverse medical condition caused by a smallpox
42vaccination of a first responder is deemed to be an injury by
43accident arising out of work performed in the course and scope
44of employment.
45     3.  In cases involving occupational disease, both causation
46and sufficient exposure to a specific harmful substance shown to
47be present in the workplace to support causation shall be proven
48by a preponderance of the evidence.
49     (c)  Permanent total supplemental benefits under s.
50440.15(1)(f) received by a first responder whose employer does
51not participate in the social security program shall not
52terminate 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
55causes and conditions that are characteristic of and peculiar to
56a particular trade, occupation, process, or employment and
57excludes all ordinary diseases of life to which the general
58public is exposed, unless the incidence of the disease is
59substantially higher in the particular trade, occupation,
60process, or employment than for the general public.
61     Section 2.  The Legislature finds that this act fulfills an
62important state interest.
63     Section 3.  This act shall take effect October 1, 2006.


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