HB 123

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 on or after a specified date; defining the term
10	"prescribed course of treatment"; providing for second
11	medical opinions in certain situations; providing that
12	only claims made before leaving employment are eligible
13	for a specified presumption; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
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 must 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 does shall not apply to benefits
35	payable under or granted in a policy of life insurance or
36	disability insurance, unless the insurer and insured have
37	negotiated for such additional benefits to be included in the
38	policy contract.
39	(b)  For any claim occurring on or after July 1, 2010, a
40	law 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 a significant
49	aggravation of the tuberculosis, heart disease, or hypertension
50	resulting in disability or increasing the disability or need for
51	medical 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 a significant aggravation of
61	the 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 a significant aggravation of the
74	tuberculosis, heart disease, or hypertension resulting in
75	disability or increasing the disability or need for medical
76	treatment, the law enforcement officer, correctional officer, or
77	correctional probation officer is entitled to seek a second
78	opinion from a physician pursuant to the procedure for an
79	independent medical examination 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 shall include the
89	presumption that any condition or impairment of health of any
90	firefighter, law enforcement officer, or correctional officer
91	caused by tuberculosis, heart disease, or hypertension resulting
92	in total or partial disability or death was accidental and
93	suffered in the line of duty, unless the contrary be shown by
94	competent evidence.
95	Section 2.  This act shall take effect July 1, 2010.

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