Florida Senate - 2009 SB 2406
By Senator Oelrich
14-01327-09 20092406__
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.;
4 providing conditions under which a law enforcement
5 officer, correctional officer, or correctional
6 probation officer who suffers from a specified medical
7 condition and has materially departed from the
8 prescribed treatment for that condition shall lose a
9 specified presumption for claims made after a
10 specified date; defining the term “prescribed course
11 of treatment”; providing for second medical opinions
12 in certain situations; providing that only claims made
13 before leaving employment are eligible for a specified
14 presumption; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 112.18, Florida Statutes, is amended to
19 read:
20 112.18 Firefighters and law enforcement or correctional
21 officers; special provisions relative to disability.—
22 (1)(a) Any condition or impairment of health of any Florida
23 state, municipal, county, port authority, special tax district,
24 or fire control district firefighter or any law enforcement
25 officer, or correctional officer, or correctional probation
26 officer as defined in s. 943.10(1), (2), or (3) caused by
27 tuberculosis, heart disease, or hypertension resulting in total
28 or partial disability or death shall be presumed to have been
29 accidental and to have been suffered in the line of duty unless
30 the contrary be shown by competent evidence. However, any such
31 firefighter or law enforcement officer shall have successfully
32 passed a physical examination upon entering into any such
33 service as a firefighter or law enforcement officer, which
34 examination failed to reveal any evidence of any such condition.
35 Such presumption shall not apply to benefits payable under or
36 granted in a policy of life insurance or disability insurance,
37 unless the insurer and insured have negotiated for such
38 additional benefits to be included in the policy contract.
39 (b) For any claim occurring after July 1, 2009, a law
40 enforcement officer, correctional officer, or correctional
41 probation officer as defined in s. 943.10(1), (2), or (3)
42 suffering from tuberculosis, heart disease, or hypertension is
43 presumed not to have incurred such disease in the line of duty
44 as provided in this section if the law enforcement officer,
45 correctional officer, or correctional probation officer:
46 1. Departed in a material fashion from the prescribed
47 course of treatment of his or her personal physician and the
48 departure is demonstrated to have resulted in an aggravation of
49 the tuberculosis, heart disease, or hypertension resulting in
50 disability or increasing the disability or need for medical
51 treatment; or
52 2. Was previously compensated pursuant to this section and
53 chapter 440 for tuberculosis, heart disease, or hypertension and
54 thereafter sustains and reports a new compensable workers’
55 compensation claim under this section and chapter 440 and the
56 law enforcement officer, correctional officer, or correctional
57 probation officer has departed in a material fashion from the
58 prescribed course of treatment of an authorized physician for
59 the preexisting workers’ compensation claim and the departure is
60 demonstrated to have resulted in an aggravation of the
61 tuberculosis, heart disease, or hypertension resulting in
62 disability or increasing the disability or need for medical
63 treatment.
64 (c) As used in this subsection, “prescribed course of
65 treatment” means prescribed medical courses of action and
66 prescribed medicines for the specific disease or diseases
67 claimed and as documented in the prescribing physician’s medical
68 records.
69 (d) If there is a dispute as to the appropriateness of the
70 course of treatment prescribed by a physician under subparagraph
71 (b)1. or subparagraph (b)2. or whether a departure in a material
72 fashion from the prescribed course of treatment is demonstrated
73 to have resulted in an aggravation of the tuberculosis, heart
74 disease, or hypertension resulting in disability or increasing
75 the disability or need for medical treatment, the law
76 enforcement officer, correctional officer, or correctional
77 probation officer is entitled to seek a second opinion from a
78 physician pursuant to the independent medical examination
79 procedure provided in s. 440.13(5).
80 (e) A law enforcement officer, correctional officer, or
81 correctional probation officer is not entitled to the
82 presumption provided in this section unless a claim for benefits
83 is made prior to leaving the employment of the employing agency.
84 (2) This section authorizes each governmental entity
85 specified in subsection (1) shall be construed to authorize the
86 above governmental entities to negotiate policy contracts for
87 life and disability insurance to include accidental death
88 benefits or double indemnity coverage which includes shall
89 include the presumption that any condition or impairment of
90 health of any firefighter, law enforcement officer, or
91 correctional officer caused by tuberculosis, heart disease, or
92 hypertension resulting in total or partial disability or death
93 was accidental and suffered in the line of duty, unless the
94 contrary be shown by competent evidence.
95 Section 2. This act shall take effect July 1, 2009.