October 16, 2019
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       Florida Senate - 2010                              CS for SB 212
       
       
       
       By the Committee on Criminal Justice; and Senator Oelrich
       
       
       
       
       591-02482-10                                           2010212c1
    1                        A bill to be entitled                      
    2         An act relating to claims by law enforcement and
    3         correctional officers; amending s. 112.18, F.S.;
    4         providing conditions under which a law enforcement
    5         officer, correctional officer, or correctional
    6         probation officer who suffers from a specified medical
    7         condition and has materially departed from the
    8         prescribed treatment for that condition shall lose a
    9         specified presumption for workers’ compensation claims
   10         made on or after a specified date; defining the term
   11         “prescribed course of treatment”; providing for
   12         independent medical examinations in certain
   13         situations; providing that only claims made before
   14         leaving employment are eligible for a specified
   15         presumption; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 112.18, Florida Statutes, is amended to
   20  read:
   21         112.18 Firefighters and law enforcement or correctional
   22  officers; special provisions relative to disability.—
   23         (1)(a) Any condition or impairment of health of any Florida
   24  state, municipal, county, port authority, special tax district,
   25  or fire control district firefighter or any law enforcement
   26  officer, or correctional officer, or correctional probation
   27  officer as defined in s. 943.10(1), (2), or (3) caused by
   28  tuberculosis, heart disease, or hypertension resulting in total
   29  or partial disability or death shall be presumed to have been
   30  accidental and to have been suffered in the line of duty unless
   31  the contrary be shown by competent evidence. However, any such
   32  firefighter or law enforcement officer must shall have
   33  successfully passed a physical examination upon entering into
   34  any such service as a firefighter or law enforcement officer,
   35  which examination failed to reveal any evidence of any such
   36  condition. Such presumption does shall not apply to benefits
   37  payable under or granted in a policy of life insurance or
   38  disability insurance, unless the insurer and insured have
   39  negotiated for such additional benefits to be included in the
   40  policy contract.
   41         (b)1. For any workers’ compensation claim filed under this
   42  section and chapter 440 occurring on or after July 1, 2010, a
   43  law enforcement officer, correctional officer, or correctional
   44  probation officer as defined in s. 943.10(1), (2), or (3)
   45  suffering from tuberculosis, heart disease, or hypertension is
   46  presumed not to have incurred such disease in the line of duty
   47  as provided in this section if the law enforcement officer,
   48  correctional officer, or correctional probation officer:
   49         a. Departed in a material fashion from the prescribed
   50  course of treatment of his or her personal physician and the
   51  departure is demonstrated to have resulted in a significant
   52  aggravation of the tuberculosis, heart disease, or hypertension
   53  resulting in disability or increasing the disability or need for
   54  medical treatment; or
   55         b. Was previously compensated pursuant to this section and
   56  chapter 440 for tuberculosis, heart disease, or hypertension and
   57  thereafter sustains and reports a new compensable workers’
   58  compensation claim under this section and chapter 440, and the
   59  law enforcement officer, correctional officer, or correctional
   60  probation officer has departed in a material fashion from the
   61  prescribed course of treatment of an authorized physician for
   62  the preexisting workers’ compensation claim and the departure is
   63  demonstrated to have resulted in a significant aggravation of
   64  the tuberculosis, heart disease, or hypertension resulting in
   65  disability or increasing the disability or need for medical
   66  treatment.
   67         2. As used in this paragraph, “prescribed course of
   68  treatment” means prescribed medical courses of action and
   69  prescribed medicines for the specific disease or diseases
   70  claimed and as documented in the prescribing physician’s medical
   71  records.
   72         3. If there is a dispute as to the appropriateness of the
   73  course of treatment prescribed by a physician under sub
   74  subparagraph 1.a. or sub-subparagraph 1.b. or whether a
   75  departure in a material fashion from the prescribed course of
   76  treatment is demonstrated to have resulted in a significant
   77  aggravation of the tuberculosis, heart disease, or hypertension
   78  resulting in disability or increasing the disability or need for
   79  medical treatment, the law enforcement officer, correctional
   80  officer, or correctional probation officer is entitled to seek
   81  an independent medical examination pursuant to s. 440.13(5).
   82         4. A law enforcement officer, correctional officer, or
   83  correctional probation officer is not entitled to the
   84  presumption provided in this section unless a claim for benefits
   85  is made prior to leaving the employment of the employing agency.
   86         (2) This section authorizes each governmental entity
   87  specified in subsection (1) shall be construed to authorize the
   88  above governmental entities to negotiate policy contracts for
   89  life and disability insurance to include accidental death
   90  benefits or double indemnity coverage which shall include the
   91  presumption that any condition or impairment of health of any
   92  firefighter, law enforcement officer, or correctional officer
   93  caused by tuberculosis, heart disease, or hypertension resulting
   94  in total or partial disability or death was accidental and
   95  suffered in the line of duty, unless the contrary be shown by
   96  competent evidence.
   97         Section 2. This act shall take effect July 1, 2010.

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