August 26, 2019
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_h0123__
HB 123

1
A bill to be entitled
2An act relating to claims by law enforcement and
3correctional officers; amending s. 112.18, F.S.; providing
4conditions under which a law enforcement officer,
5correctional officer, or correctional probation officer
6who suffers from a specified medical condition and has
7materially departed from the prescribed treatment for that
8condition shall lose a specified presumption for claims
9made on or after a specified date; defining the term
10"prescribed course of treatment"; providing for second
11medical opinions in certain situations; providing that
12only claims made before leaving employment are eligible
13for a specified presumption; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 112.18, Florida Statutes, is amended to
18read:
19     112.18  Firefighters and law enforcement or correctional
20officers; special provisions relative to disability.--
21     (1)(a)  Any condition or impairment of health of any
22Florida state, municipal, county, port authority, special tax
23district, or fire control district firefighter or any law
24enforcement officer, or correctional officer, or correctional
25probation officer as defined in s. 943.10(1), (2), or (3) caused
26by tuberculosis, heart disease, or hypertension resulting in
27total or partial disability or death shall be presumed to have
28been accidental and to have been suffered in the line of duty
29unless the contrary be shown by competent evidence. However, any
30such firefighter or law enforcement officer must shall have
31successfully passed a physical examination upon entering into
32any such service as a firefighter or law enforcement officer,
33which examination failed to reveal any evidence of any such
34condition. Such presumption does shall not apply to benefits
35payable under or granted in a policy of life insurance or
36disability insurance, unless the insurer and insured have
37negotiated for such additional benefits to be included in the
38policy contract.
39     (b)  For any claim occurring on or after July 1, 2010, a
40law enforcement officer, correctional officer, or correctional
41probation officer as defined in s. 943.10(1), (2), or (3)
42suffering from tuberculosis, heart disease, or hypertension is
43presumed not to have incurred such disease in the line of duty
44as provided in this section if the law enforcement officer,
45correctional officer, or correctional probation officer:
46     1.  Departed in a material fashion from the prescribed
47course of treatment of his or her personal physician and the
48departure is demonstrated to have resulted in a significant
49aggravation of the tuberculosis, heart disease, or hypertension
50resulting in disability or increasing the disability or need for
51medical treatment; or
52     2.  Was previously compensated pursuant to this section and
53chapter 440 for tuberculosis, heart disease, or hypertension and
54thereafter sustains and reports a new compensable workers'
55compensation claim under this section and chapter 440, and the
56law enforcement officer, correctional officer, or correctional
57probation officer has departed in a material fashion from the
58prescribed course of treatment of an authorized physician for
59the preexisting workers' compensation claim and the departure is
60demonstrated to have resulted in a significant aggravation of
61the tuberculosis, heart disease, or hypertension resulting in
62disability or increasing the disability or need for medical
63treatment.
64     (c)  As used in this subsection, "prescribed course of
65treatment" means prescribed medical courses of action and
66prescribed medicines for the specific disease or diseases
67claimed and as documented in the prescribing physician's medical
68records.
69     (d)  If there is a dispute as to the appropriateness of the
70course of treatment prescribed by a physician under subparagraph
71(b)1. or subparagraph (b)2. or whether a departure in a material
72fashion from the prescribed course of treatment is demonstrated
73to have resulted in a significant aggravation of the
74tuberculosis, heart disease, or hypertension resulting in
75disability or increasing the disability or need for medical
76treatment, the law enforcement officer, correctional officer, or
77correctional probation officer is entitled to seek a second
78opinion from a physician pursuant to the procedure for an
79independent medical examination provided in s. 440.13(5).
80     (e)  A law enforcement officer, correctional officer, or
81correctional probation officer is not entitled to the
82presumption provided in this section unless a claim for benefits
83is made prior to leaving the employment of the employing agency.
84     (2)  This section authorizes each governmental entity
85specified in subsection (1) shall be construed to authorize the
86above governmental entities to negotiate policy contracts for
87life and disability insurance to include accidental death
88benefits or double indemnity coverage which shall include the
89presumption that any condition or impairment of health of any
90firefighter, law enforcement officer, or correctional officer
91caused by tuberculosis, heart disease, or hypertension resulting
92in total or partial disability or death was accidental and
93suffered in the line of duty, unless the contrary be shown by
94competent evidence.
95     Section 2.  This act shall take effect July 1, 2010.


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