HB 757

1	A bill to be entitled
2	An act relating to state reciprocity in workers'
3	compensation claims; amending s. 440.09, F.S.; exempting
4	certain employees working in this state and the employers
5	of such employees from the Workers' Compensation Law of
6	this state under certain conditions; providing
7	requirements for the establishment of prima facie evidence
8	that the employer carries certain workers' compensation
9	insurance; requiring courts to take judicial notice of the
10	construction of certain laws; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Paragraph (e) is added to subsection (1) of
15	section 440.09, Florida Statutes, to read:
16	440.09  Coverage.-
17	(1)  The employer must pay compensation or furnish benefits
18	required by this chapter if the employee suffers an accidental
19	compensable injury or death arising out of work performed in the
20	course and the scope of employment. The injury, its occupational
21	cause, and any resulting manifestations or disability must be
22	established to a reasonable degree of medical certainty, based
23	on objective relevant medical findings, and the accidental
24	compensable injury must be the major contributing cause of any
25	resulting injuries. For purposes of this section, "major
26	contributing cause" means the cause which is more than 50
27	percent responsible for the injury as compared to all other
28	causes combined for which treatment or benefits are sought. In
29	cases involving occupational disease or repetitive exposure,
30	both causation and sufficient exposure to support causation must
31	be proven by clear and convincing evidence. Pain or other
32	subjective complaints alone, in the absence of objective
33	relevant medical findings, are not compensable. For purposes of
34	this section, "objective relevant medical findings" are those
35	objective findings that correlate to the subjective complaints
36	of the injured employee and are confirmed by physical
37	examination findings or diagnostic testing. Establishment of the
38	causal relationship between a compensable accident and injuries
39	for conditions that are not readily observable must be by
40	medical evidence only, as demonstrated by physical examination
41	findings or diagnostic testing. Major contributing cause must be
42	demonstrated by medical evidence only.
43	(e)1.  An employee from another state and the employer of
44	the employee in the other state are exempt from the provisions
45	of this chapter while the employee is temporarily in this state
46	doing work for the employer if:
47	a.  The employer has furnished workers' compensation
48	insurance coverage under the workers' compensation insurance or
49	similar laws of the other state to cover the employee's
50	employment while in this state;
51	b.  The extraterritorial provisions of this chapter are
52	recognized in the other state; and
53	c.  Employees and employers who are covered in this state
54	are likewise exempted from the application of the workers'
55	compensation insurance or similar laws of the other state.
56	2.  The benefits under the workers' compensation insurance
57	or similar laws of the other state, or other remedies under
58	similar law, are the exclusive remedy against the employer for
59	any injury, whether resulting in death or not, received by the
60	employee while working for that employer in this state.
61	3.  A certificate from the duly authorized officer of the
62	labor department or similar department of another state
63	certifying that the employer of the other state is insured
64	therein and has provided extraterritorial coverage insuring
65	employees while working in this state is prima facie evidence
66	that the employer carries that workers' compensation insurance.
67	4.  An employer from another state who meets the
68	requirements of this paragraph is not subject to the
69	requirements of ss. 440.10(1)(g) and 440.38(7).
70	5.  Whenever in any appeal or other litigation the
71	construction of the laws of another jurisdiction is required,
72	the courts shall take judicial notice of such construction of
73	the laws of the other jurisdiction.
74	Section 2.  This act shall take effect July 1, 2010.

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