| 1 | A bill to be entitled |
| 2 | An act relating to claims by law enforcement and |
| 3 | correctional officers; amending s. 112.18, F.S.; providing |
| 4 | conditions under which a law enforcement officer, |
| 5 | correctional officer, or correctional probation officer |
| 6 | who suffers from a specified medical condition and has |
| 7 | materially departed from the prescribed treatment for that |
| 8 | condition shall lose a specified presumption for claims |
| 9 | made after a specified date; defining the term "prescribed |
| 10 | course of treatment"; providing for second medical |
| 11 | opinions in certain situations; providing that only claims |
| 12 | made before leaving employment are eligible for a |
| 13 | specified presumption; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 112.18, Florida Statutes, is amended to |
| 18 | read: |
| 19 | 112.18 Firefighters and law enforcement or correctional |
| 20 | officers; special provisions relative to disability.-- |
| 21 | (1)(a) Any condition or impairment of health of any |
| 22 | Florida state, municipal, county, port authority, special tax |
| 23 | district, or fire control district firefighter or any law |
| 24 | enforcement officer, or correctional officer, or correctional |
| 25 | probation officer as defined in s. 943.10(1), (2), or (3) caused |
| 26 | by tuberculosis, heart disease, or hypertension resulting in |
| 27 | total or partial disability or death shall be presumed to have |
| 28 | been accidental and to have been suffered in the line of duty |
| 29 | unless the contrary be shown by competent evidence. However, any |
| 30 | such firefighter or law enforcement officer shall have |
| 31 | successfully passed a physical examination upon entering into |
| 32 | any such service as a firefighter or law enforcement officer, |
| 33 | which examination failed to reveal any evidence of any such |
| 34 | condition. Such presumption shall not apply to benefits payable |
| 35 | under or granted in a policy of life insurance or disability |
| 36 | insurance, unless the insurer and insured have negotiated for |
| 37 | such additional benefits to be included in the policy contract. |
| 38 | (b) For any claim occurring after July 1, 2009, a law |
| 39 | enforcement officer, correctional officer, or correctional |
| 40 | probation officer as defined in s. 943.10(1), (2), or (3) |
| 41 | suffering from tuberculosis, heart disease, or hypertension is |
| 42 | presumed not to have incurred such disease in the line of duty |
| 43 | as provided in this section if the law enforcement officer, |
| 44 | correctional officer, or correctional probation officer: |
| 45 | 1. Departed in a material fashion from the prescribed |
| 46 | course of treatment of his or her personal physician and the |
| 47 | departure is demonstrated to have resulted in an aggravation of |
| 48 | the tuberculosis, heart disease, or hypertension resulting in |
| 49 | disability or increasing the disability or need for medical |
| 50 | treatment; or |
| 51 | 2. Was previously compensated pursuant to this section and |
| 52 | chapter 440 for tuberculosis, heart disease, or hypertension and |
| 53 | thereafter sustains and reports a new compensable workers' |
| 54 | compensation claim under this section and chapter 440 and the |
| 55 | law enforcement officer, correctional officer, or correctional |
| 56 | probation officer has departed in a material fashion from the |
| 57 | prescribed course of treatment of an authorized physician for |
| 58 | the preexisting workers' compensation claim and the departure is |
| 59 | demonstrated to have resulted in an aggravation of the |
| 60 | tuberculosis, heart disease, or hypertension resulting in |
| 61 | disability or increasing the disability or need for medical |
| 62 | treatment. |
| 63 | (c) As used in this subsection, "prescribed course of |
| 64 | treatment" means prescribed medical courses of action and |
| 65 | prescribed medicines for the specific disease or diseases |
| 66 | claimed and as documented in the prescribing physician's medical |
| 67 | records. |
| 68 | (d) If there is a dispute as to the appropriateness of the |
| 69 | course of treatment prescribed by a physician under subparagraph |
| 70 | (b)1. or subparagraph (b)2. or whether a departure in a material |
| 71 | fashion from the prescribed course of treatment is demonstrated |
| 72 | to have resulted in an aggravation of the tuberculosis, heart |
| 73 | disease, or hypertension resulting in disability or increasing |
| 74 | the disability or need for medical treatment, the law |
| 75 | enforcement officer, correctional officer, or correctional |
| 76 | probation officer is entitled to seek a second opinion from a |
| 77 | physician pursuant to the independent medical examination |
| 78 | procedure provided in s. 440.13(5). |
| 79 | (e) A law enforcement officer, correctional officer, or |
| 80 | correctional probation officer is not entitled to the |
| 81 | presumption provided in this section unless a claim for benefits |
| 82 | is made prior to leaving the employment of the employing agency. |
| 83 | (2) This section authorizes each governmental entity |
| 84 | specified in subsection (1) shall be construed to authorize the |
| 85 | above governmental entities to negotiate policy contracts for |
| 86 | life and disability insurance to include accidental death |
| 87 | benefits or double indemnity coverage which includes shall |
| 88 | include the presumption that any condition or impairment of |
| 89 | health of any firefighter, law enforcement officer, or |
| 90 | correctional officer caused by tuberculosis, heart disease, or |
| 91 | hypertension resulting in total or partial disability or death |
| 92 | was accidental and suffered in the line of duty, unless the |
| 93 | contrary be shown by competent evidence. |
| 94 | Section 2. This act shall take effect July 1, 2009. |