August 21, 2019
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_h0123c1
CS/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 workers'
9compensation claims made on or after a specified date;
10defining the term "prescribed course of treatment";
11providing for independent medical examinations in certain
12situations; providing that only claims made before leaving
13employment are eligible for a specified presumption;
14providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 112.18, Florida Statutes, is amended to
19read:
20     112.18  Firefighters and law enforcement or correctional
21officers; special provisions relative to disability.-
22     (1)(a)  Any condition or impairment of health of any
23Florida state, municipal, county, port authority, special tax
24district, or fire control district firefighter or any law
25enforcement officer, or correctional officer, or correctional
26probation officer as defined in s. 943.10(1), (2), or (3) caused
27by tuberculosis, heart disease, or hypertension resulting in
28total or partial disability or death shall be presumed to have
29been accidental and to have been suffered in the line of duty
30unless the contrary be shown by competent evidence. However, any
31such firefighter or law enforcement officer must shall have
32successfully passed a physical examination upon entering into
33any such service as a firefighter or law enforcement officer,
34which examination failed to reveal any evidence of any such
35condition. Such presumption does shall not apply to benefits
36payable under or granted in a policy of life insurance or
37disability insurance, unless the insurer and insured have
38negotiated for such additional benefits to be included in the
39policy contract.
40     (b)1.  For any workers' compensation claim filed under this
41section and chapter 440 occurring on or after July 1, 2010, a
42law enforcement officer, correctional officer, or correctional
43probation officer as defined in s. 943.10(1), (2), or (3)
44suffering from tuberculosis, heart disease, or hypertension is
45presumed not to have incurred such disease in the line of duty
46as provided in this section if the law enforcement officer,
47correctional officer, or correctional probation officer:
48     a.  Departed in a material fashion from the prescribed
49course of treatment of his or her personal physician and the
50departure is demonstrated to have resulted in a significant
51aggravation of the tuberculosis, heart disease, or hypertension
52resulting in disability or increasing the disability or need for
53medical treatment; or
54     b.  Was previously compensated pursuant to this section and
55chapter 440 for tuberculosis, heart disease, or hypertension and
56thereafter sustains and reports a new compensable workers'
57compensation claim under this section and chapter 440, and the
58law enforcement officer, correctional officer, or correctional
59probation officer has departed in a material fashion from the
60prescribed course of treatment of an authorized physician for
61the preexisting workers' compensation claim and the departure is
62demonstrated to have resulted in a significant aggravation of
63the tuberculosis, heart disease, or hypertension resulting in
64disability or increasing the disability or need for medical
65treatment.
66     2.  As used in this paragraph, "prescribed course of
67treatment" means prescribed medical courses of action and
68prescribed medicines for the specific disease or diseases
69claimed and as documented in the prescribing physician's medical
70records.
71     3.  If there is a dispute as to the appropriateness of the
72course of treatment prescribed by a physician under sub-
73subparagraph 1.a. or sub-subparagraph 1.b. or whether a
74departure in a material fashion from the prescribed course of
75treatment is demonstrated to have resulted in a significant
76aggravation of the tuberculosis, heart disease, or hypertension
77resulting in disability or increasing the disability or need for
78medical treatment, the law enforcement officer, correctional
79officer, or correctional probation officer is entitled to seek
80an independent medical examination pursuant to s. 440.13(5).
81     4.  A law enforcement officer, correctional officer, or
82correctional probation officer is not entitled to the
83presumption provided in this section unless a claim for benefits
84is made prior to leaving the employment of the employing agency.
85     (2)  This section authorizes each governmental entity
86specified in subsection (1) shall be construed to authorize the
87above governmental entities to negotiate policy contracts for
88life and disability insurance to include accidental death
89benefits or double indemnity coverage which shall include the
90presumption that any condition or impairment of health of any
91firefighter, law enforcement officer, or correctional officer
92caused by tuberculosis, heart disease, or hypertension resulting
93in total or partial disability or death was accidental and
94suffered in the line of duty, unless the contrary be shown by
95competent evidence.
96     Section 2.  This act shall take effect July 1, 2010.


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