Florida Senate - 2012                                    SB 1796
       
       
       
       By Senator Hays
       
       
       
       
       20-01209-12                                           20121796__
    1                        A bill to be entitled                      
    2         An act relating to the preferred worker program;
    3         amending s. 440.49, F.S.; deleting a preferred worker
    4         program for permanently impaired workers who are
    5         unable to return to work; conforming cross-references;
    6         amending ss. 440.50 and 624.4626, F.S.; conforming
    7         cross-references; providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Present subsections (9) through (12) of section
   12  440.49, Florida Statutes, are renumbered as subsections (8)
   13  through (11), respectfully, and subsections (4) and (5),
   14  paragraphs (c) and (d) of subsection (7), and present
   15  subsections (8) and (11) of that section are amended to read:
   16         440.49 Limitation of liability for subsequent injury
   17  through Special Disability Trust Fund.—
   18         (4) PERMANENT IMPAIRMENT OR PERMANENT TOTAL DISABILITY,
   19  TEMPORARY BENEFITS, MEDICAL BENEFITS, OR ATTENDANT CARE AFTER
   20  OTHER PHYSICAL IMPAIRMENT.—
   21         (a) Permanent impairment.—If an employee who has a
   22  preexisting permanent physical impairment incurs a subsequent
   23  permanent impairment from injury or occupational disease arising
   24  out of, and in the course of, her or his employment which merges
   25  with the preexisting permanent physical impairment to cause a
   26  permanent impairment, the employer shall, in the first instance,
   27  pay all benefits provided by this chapter; but, subject to the
   28  limitations specified in subsection (6), such employer shall be
   29  reimbursed from the Special Disability Trust Fund created by
   30  subsection (9) for 50 percent of all impairment benefits which
   31  the employer has been required to provide pursuant to s.
   32  440.15(3) as a result of the subsequent accident or occupational
   33  disease.
   34         (b) Permanent total disability.—If an employee who has a
   35  preexisting permanent physical impairment incurs a subsequent
   36  permanent impairment from injury or occupational disease arising
   37  out of, and in the course of, her or his employment which merges
   38  with the preexisting permanent physical impairment to cause
   39  permanent total disability, the employer shall, in the first
   40  instance, pay all benefits provided by this chapter; but,
   41  subject to the limitations specified in subsection (6), such
   42  employer shall be reimbursed from the Special Disability Trust
   43  Fund created by subsection (9) for 50 percent of all
   44  compensation for permanent total disability.
   45         (c) Temporary compensation and medical benefits;
   46  aggravation or acceleration of preexisting condition or
   47  circumstantial causation.—If an employee who has a preexisting
   48  permanent physical impairment experiences an aggravation or
   49  acceleration of the preexisting permanent physical impairment as
   50  a result of an injury or occupational disease arising out of and
   51  in the course of her or his employment, or suffers an injury as
   52  a result of a merger as defined in paragraph (2)(c), the
   53  employer shall provide all benefits provided by this chapter,
   54  but, subject to the limitations specified in subsection (7), the
   55  employer shall be reimbursed by the Special Disability Trust
   56  Fund created by subsection (9) for 50 percent of its payments
   57  for temporary, medical, and attendant care benefits.
   58         (5) WHEN DEATH RESULTS.—If death results from the
   59  subsequent permanent impairment contemplated in subsection (4)
   60  within 1 year after the subsequent injury, or within 5 years
   61  after the subsequent injury when disability has been continuous
   62  since the subsequent injury, and it is determined that the death
   63  resulted from a merger, the employer shall, in the first
   64  instance, pay the funeral expenses and the death benefits
   65  prescribed by this chapter; but, subject to the limitations
   66  specified in subsection (6), she or he shall be reimbursed from
   67  the Special Disability Trust Fund created by subsection (9) for
   68  the last 50 percent of all compensation allowable and paid for
   69  such death and for 50 percent of the amount paid as funeral
   70  expenses.
   71         (7) REIMBURSEMENT OF EMPLOYER.—
   72         (c) A proof of claim must be filed on each notice of claim
   73  on file as of June 30, 1997, within 1 year after July 1, 1997,
   74  or the right to reimbursement of the claim shall be barred. A
   75  notice of claim on file on or before June 30, 1997, may be
   76  withdrawn and refiled if, at the time refiled, the notice of
   77  claim remains within the limitation period specified in
   78  paragraph (a). Such refiling shall not toll, extend, or
   79  otherwise alter in any way the limitation period applicable to
   80  the withdrawn and subsequently refiled notice of claim. Each
   81  proof of claim filed shall be accompanied by a proof-of-claim
   82  fee as provided in paragraph (8)(d) (9)(d). The Special
   83  Disability Trust Fund shall, within 120 days after receipt of
   84  the proof of claim, serve notice of the acceptance of the claim
   85  for reimbursement. This paragraph shall apply to all claims
   86  notwithstanding the provisions of subsection (11) (12).
   87         (d) Each notice of claim filed or refiled on or after July
   88  1, 1997, must be accompanied by a notification fee as provided
   89  in paragraph (8)(d) (9)(d). A proof of claim must be filed
   90  within 1 year after the date the notice of claim is filed or
   91  refiled, accompanied by a proof-of-claim fee as provided in
   92  paragraph (8)(d) (9)(d), or the claim shall be barred. The
   93  notification fee shall be waived if both the notice of claim and
   94  proof of claim are submitted together as a single filing. The
   95  Special Disability Trust Fund shall, within 180 days after
   96  receipt of the proof of claim, serve notice of the acceptance of
   97  the claim for reimbursement. This paragraph shall apply to all
   98  claims notwithstanding the provisions of subsection (11) (12).
   99         (8) PREFERRED WORKER PROGRAM.—The Department of Education
  100  or administrator shall issue identity cards to preferred workers
  101  upon request by qualified employees and the Department of
  102  Financial Services shall reimburse an employer, from the Special
  103  Disability Trust Fund, for the cost of workers’ compensation
  104  premium related to the preferred workers payroll for up to 3
  105  years of continuous employment upon satisfactory evidence of
  106  placement and issuance of payroll and classification records and
  107  upon the employee’s certification of employment. The Department
  108  of Financial Services and the Department of Education may by
  109  rule prescribe definitions, forms, and procedures for the
  110  administration of the preferred worker program. The Department
  111  of Education may by rule prescribe the schedule for submission
  112  of forms for participation in the program.
  113         (10)(11) EFFECTIVE DATES.—This section does not apply to
  114  any case in which the accident causing the subsequent injury or
  115  death or the disablement or death from a subsequent occupational
  116  disease occurred prior to July 1, 1955, or on or after January
  117  1, 1998. In no event shall the Special Disability Trust Fund be
  118  liable for, or reimburse employers or carriers for, any case in
  119  which the accident causing the subsequent injury or death or the
  120  disablement or death from a subsequent occupational disease
  121  occurred on or after January 1, 1998. The Special Disability
  122  Trust Fund shall continue to reimburse employers or carriers for
  123  subsequent injuries occurring prior to January 1, 1998, and the
  124  department shall continue to assess for and the department or
  125  administrator shall fund reimbursements as provided in
  126  subsection (8) (9) for this purpose.
  127         Section 2. Paragraph (b) of subsection (1) of section
  128  440.50, Florida Statutes, is amended to read:
  129         440.50 Workers’ Compensation Administration Trust Fund.—
  130         (1)
  131         (b) The department is authorized to transfer as a loan an
  132  amount not in excess of $250,000 from such special fund to the
  133  Special Disability Trust Fund established by s. 440.49(8)
  134  440.49(9), which amount shall be repaid to said special fund in
  135  annual payments equal to not less than 10 percent of moneys
  136  received for such Special Disability Trust Fund.
  137         Section 3. Subsection (2) of section 624.4626, Florida
  138  Statutes, is amended to read:
  139         624.4626 Electric cooperative self-insurance fund.—
  140         (2) A self-insurance fund that meets the requirements of
  141  this section is subject to the assessments set forth in ss.
  142  440.49(8) 440.49(9), 440.51(1), and 624.4621(7), but is not
  143  subject to any other provision of s. 624.4621 and is not
  144  required to file any report with the department under s.
  145  440.38(2)(b) which is uniquely required of group self-insurer
  146  funds qualified under s. 624.4621.
  147         Section 4. This act shall take effect July 1, 2012.