January 21, 2021
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HB 757

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