Florida Senate - 2010 SB 212
By Senator Oelrich
14-00289A-10 2010212__
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 on or 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 must shall have
32 successfully passed a physical examination upon entering into
33 any such service as a firefighter or law enforcement officer,
34 which examination failed to reveal any evidence of any such
35 condition. Such presumption does shall not apply to benefits
36 payable under or granted in a policy of life insurance or
37 disability insurance, unless the insurer and insured have
38 negotiated for such additional benefits to be included in the
39 policy contract.
40 (b) For any claim occurring on or after July 1, 2010, a law
41 enforcement officer, correctional officer, or correctional
42 probation officer as defined in s. 943.10(1), (2), or (3)
43 suffering from tuberculosis, heart disease, or hypertension is
44 presumed not to have incurred such disease in the line of duty
45 as provided in this section if the law enforcement officer,
46 correctional officer, or correctional probation officer:
47 1. Departed in a material fashion from the prescribed
48 course of treatment of his or her personal physician and the
49 departure is demonstrated to have resulted in a significant
50 aggravation of the tuberculosis, heart disease, or hypertension
51 resulting in disability or increasing the disability or need for
52 medical treatment; or
53 2. Was previously compensated pursuant to this section and
54 chapter 440 for tuberculosis, heart disease, or hypertension and
55 thereafter sustains and reports a new compensable workers’
56 compensation claim under this section and chapter 440, and the
57 law enforcement officer, correctional officer, or correctional
58 probation officer has departed in a material fashion from the
59 prescribed course of treatment of an authorized physician for
60 the preexisting workers’ compensation claim and the departure is
61 demonstrated to have resulted in a significant aggravation of
62 the tuberculosis, heart disease, or hypertension resulting in
63 disability or increasing the disability or need for medical
64 treatment.
65 (c) As used in this subsection, “prescribed course of
66 treatment” means prescribed medical courses of action and
67 prescribed medicines for the specific disease or diseases
68 claimed and as documented in the prescribing physician’s medical
69 records.
70 (d) If there is a dispute as to the appropriateness of the
71 course of treatment prescribed by a physician under subparagraph
72 (b)1. or subparagraph (b)2. or whether a departure in a material
73 fashion from the prescribed course of treatment is demonstrated
74 to have resulted in a significant aggravation of the
75 tuberculosis, heart disease, or hypertension resulting in
76 disability or increasing the disability or need for medical
77 treatment, the law enforcement officer, correctional officer, or
78 correctional probation officer is entitled to seek a second
79 opinion from a physician pursuant to the procedure for an
80 independent medical examination provided in s. 440.13(5).
81 (e) A law enforcement officer, correctional officer, or
82 correctional probation officer is not entitled to the
83 presumption provided in this section unless a claim for benefits
84 is made prior to leaving the employment of the employing agency.
85 (2) This section authorizes each governmental entity
86 specified in subsection (1) shall be construed to authorize the
87 above governmental entities to negotiate policy contracts for
88 life and disability insurance to include accidental death
89 benefits or double indemnity coverage which shall include the
90 presumption that any condition or impairment of health of any
91 firefighter, law enforcement officer, or correctional officer
92 caused by tuberculosis, heart disease, or hypertension resulting
93 in total or partial disability or death was accidental and
94 suffered in the line of duty, unless the contrary be shown by
95 competent evidence.
96 Section 2. This act shall take effect July 1, 2010.