CS/HB 45

1
A bill to be entitled
2An act relating to workers' compensation for first
3responders; creating s. 112.1815, F.S.; providing a
4definition of the term "first responder"; providing a
5standard of proof for first responders having an injury or
6disease caused by exposure to a toxic substance; providing
7that any adverse result or complication relating to
8smallpox vaccinations is an injury by accident arising out
9of employment for first responders; providing a standard
10of proof for first responders in cases involving
11occupational disease; providing for the continuation of
12permanent total supplemental benefits after the age of 62
13for certain first responders; providing a definition of
14the term "occupational disease"; providing that the act
15fulfills an important state interest; providing an
16effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 112.1815, Florida Statutes, is created
21to read:
22     112.1815  Firefighters, paramedics, emergency medical
23technicians, and law enforcement officers; special provisions
24for employment-related accidents and injuries.--
25     (1)  The term "first responder" as used in this section
26means a law enforcement officer as defined in s. 943.10, a
27firefighter as defined in s. 633.30, or an emergency medical
28technician or paramedic as defined in s. 401.23 employed by
29state or local government. A volunteer law enforcement officer,
30firefighter, or emergency medical technician or paramedic
31engaged by the state or a local government is also considered a
32first responder of the state or local government for purposes of
33this section.
34     (2)(a)  For the purpose of determining benefits under this
35section relating to employment-related accidents and injuries of
36first responders, the following shall apply:
37     1.  An injury or disease caused by the exposure to a toxic
38substance is not an injury by accident arising out of employment
39unless there is a preponderance of the evidence establishing
40that exposure to the specific substance involved, at the levels
41to which the first responder was exposed, can cause the injury
42or disease sustained by the employee.
43     2.  Any adverse result or complication caused by a smallpox
44vaccination of a first responder is deemed to be an injury by
45accident arising out of work performed in the course and scope
46of employment.
47     3.  A mental or nervous injury involving a first responder
48and occurring as a manifestation of a compensable injury must be
49demonstrated by clear and convincing evidence. For a mental or
50nervous injury arising out of the employment unaccompanied by a
51physical injury involving a first responder, only medical
52benefits under s. 440.13 shall be payable for the mental or
53nervous injury. However, payment of indemnity as provided in s.
54440.15 may not be made unless a physical injury arising out of
55injury as a first responder accompanies the mental or nervous
56injury. Benefits for a first responder are not subject to any
57limitation on temporary benefits under s. 440.093 or the 1-
58percent limitation on permanent psychiatric impairment benefits
59under s. 440.15(3)(c).
60     (b)  In cases involving occupational disease, both
61causation and sufficient exposure to a specific harmful
62substance shown to be present in the workplace to support
63causation shall be proven by a preponderance of the evidence.
64     (3)  Permanent total supplemental benefits received by a
65first responder whose employer does not participate in the
66social security program shall not terminate after the first
67responder attains the age of 62.
68     (4)  For the purposes of this section, the term
69"occupational disease" means only a disease that arises out of
70employment as a first responder and is due to causes and
71conditions that are characteristic of and peculiar to a
72particular trade, occupation, process, or employment and
73excludes all ordinary diseases of life to which the general
74public is exposed, unless the incidence of the disease is
75substantially higher in the particular trade, occupation,
76process, or employment than for the general public.
77     Section 2.  The Legislature finds that this act fulfills an
78important state interest relating to the public interest in
79prompt and adequate response to provide for the safety of the
80public unique to this class of state and local government
81employees.
82     Section 3.  This act shall take effect upon becoming a law.


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