Florida Senate - 2010 CS for SB 212 By the Committee on Criminal Justice; and Senator Oelrich 591-02482-10 2010212c1 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 workers’ compensation claims 10 made on or after a specified date; defining the term 11 “prescribed course of treatment”; providing for 12 independent medical examinations in certain 13 situations; providing that only claims made before 14 leaving employment are eligible for a specified 15 presumption; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 112.18, Florida Statutes, is amended to 20 read: 21 112.18 Firefighters and law enforcement or correctional 22 officers; special provisions relative to disability.— 23 (1)(a) Any condition or impairment of health of any Florida 24 state, municipal, county, port authority, special tax district, 25 or fire control district firefighter or any law enforcement 26 officer,orcorrectional officer, or correctional probation 27 officer as defined in s. 943.10(1), (2), or (3) caused by 28 tuberculosis, heart disease, or hypertension resulting in total 29 or partial disability or death shall be presumed to have been 30 accidental and to have been suffered in the line of duty unless 31 the contrary be shown by competent evidence. However, any such 32 firefighter or law enforcement officer mustshallhave 33 successfully passed a physical examination upon entering into 34 any such service as a firefighter or law enforcement officer, 35 which examination failed to reveal any evidence of any such 36 condition. Such presumption doesshallnot apply to benefits 37 payable under or granted in a policy of life insurance or 38 disability insurance, unless the insurer and insured have 39 negotiated for such additional benefits to be included in the 40 policy contract. 41 (b)1. For any workers’ compensation claim filed under this 42 section and chapter 440 occurring on or after July 1, 2010, a 43 law enforcement officer, correctional officer, or correctional 44 probation officer as defined in s. 943.10(1), (2), or (3) 45 suffering from tuberculosis, heart disease, or hypertension is 46 presumed not to have incurred such disease in the line of duty 47 as provided in this section if the law enforcement officer, 48 correctional officer, or correctional probation officer: 49 a. Departed in a material fashion from the prescribed 50 course of treatment of his or her personal physician and the 51 departure is demonstrated to have resulted in a significant 52 aggravation of the tuberculosis, heart disease, or hypertension 53 resulting in disability or increasing the disability or need for 54 medical treatment; or 55 b. Was previously compensated pursuant to this section and 56 chapter 440 for tuberculosis, heart disease, or hypertension and 57 thereafter sustains and reports a new compensable workers’ 58 compensation claim under this section and chapter 440, and the 59 law enforcement officer, correctional officer, or correctional 60 probation officer has departed in a material fashion from the 61 prescribed course of treatment of an authorized physician for 62 the preexisting workers’ compensation claim and the departure is 63 demonstrated to have resulted in a significant aggravation of 64 the tuberculosis, heart disease, or hypertension resulting in 65 disability or increasing the disability or need for medical 66 treatment. 67 2. As used in this paragraph, “prescribed course of 68 treatment” means prescribed medical courses of action and 69 prescribed medicines for the specific disease or diseases 70 claimed and as documented in the prescribing physician’s medical 71 records. 72 3. If there is a dispute as to the appropriateness of the 73 course of treatment prescribed by a physician under sub 74 subparagraph 1.a. or sub-subparagraph 1.b. or whether a 75 departure in a material fashion from the prescribed course of 76 treatment is demonstrated to have resulted in a significant 77 aggravation of the tuberculosis, heart disease, or hypertension 78 resulting in disability or increasing the disability or need for 79 medical treatment, the law enforcement officer, correctional 80 officer, or correctional probation officer is entitled to seek 81 an independent medical examination pursuant to s. 440.13(5). 82 4. A law enforcement officer, correctional officer, or 83 correctional probation officer is not entitled to the 84 presumption provided in this section unless a claim for benefits 85 is made prior to leaving the employment of the employing agency. 86 (2) This section authorizes each governmental entity 87 specified in subsection (1)shall be construed to authorize the88above governmental entitiesto negotiate policy contracts for 89 life and disability insurance to include accidental death 90 benefits or double indemnity coverage which shall include the 91 presumption that any condition or impairment of health of any 92 firefighter, law enforcement officer, or correctional officer 93 caused by tuberculosis, heart disease, or hypertension resulting 94 in total or partial disability or death was accidental and 95 suffered in the line of duty, unless the contrary be shown by 96 competent evidence. 97 Section 2. This act shall take effect July 1, 2010.