Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 376 Ì902814!Î902814 LEGISLATIVE ACTION Senate . House Comm: RCS . 12/05/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Book) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 36 - 109 4 and insert: 5 demonstrated by a preponderance of the
clear and convincing6 evidence. For a mental or nervous injury arising out of the7 employment unaccompanied by a physical injury involving a first8 responder, only medical benefits under s. 440.13 shall be9 payable for the mental or nervous injury. However, payment of10 indemnity as provided in s. 440.15 may not be made unless a11 physical injury arising out of injury as a first responder12 accompanies the mental or nervous injury.Benefits for a first 13 responder are not subject to any limitation on temporary 14 benefits under s. 440.093 or the 1-percent limitation on 15 permanent psychiatric impairment benefits under s. 440.15(3)(c). 16 Section 2. Section 440.093, Florida Statutes, is amended to 17 read: 18 440.093 Mental and nervous injuries.— 19 (1) Except as provided in subsection (4): 20 (a) A mental or nervous injury due to stress, fright, or 21 excitement only is not an injury by accident arising out of the 22 employment. 23 (b) Nothing inThis section may not shallbe construed to 24 allow for the payment of benefits under this chapter for mental 25 or nervous injuries without an accompanying physical injury 26 requiring medical treatment. 27 (c) A physical injury resulting from mental or nervous 28 injuries unaccompanied by physical trauma requiring medical 29 treatment is shallnot becompensable under this chapter. 30 (2) Except as provided in subsection (4), mental or nervous 31 injuries occurring as a manifestation of an injury compensable 32 under this chapter must shallbe demonstrated by clear and 33 convincing medical evidence by a licensed psychiatrist meeting 34 criteria established in the most recent edition of the 35 Diagnostic and Statistical Manual of Mental Disorders published 36 by the American Psychiatric Association. Except as provided in 37 subsection (4), the compensable physical injury must be and 38 remain the major contributing cause of the mental or nervous 39 condition and the compensable physical injury as determined by 40 reasonable medical certainty must be at least 50 percent 41 responsible for the mental or nervous condition as compared to 42 all other contributing causes combined. Compensation is not 43 payable for the mental, psychological, or emotional injury 44 arising out of depression from being out of work or losing 45 employment opportunities, resulting from a preexisting mental, 46 psychological, or emotional condition or due to pain or other 47 subjective complaints that cannot be substantiated by objective, 48 relevant medical findings. 49 (3) Subject to the payment of permanent benefits under s. 50 440.15, in no event shall temporary benefits for a compensable 51 mental or nervous injury be paid for more than 6 months after 52 the date of maximum medical improvement for the injured 53 employee’s physical injury or injuries, which shall be included 54 in the period of 104 weeks as provided in s. 440.15(2) and (4). 55 Mental or nervous injuries are compensable only in accordance 56 with the terms of this section. 57 (4) A law enforcement officer, a firefighter, an emergency 58 medical technician, or a paramedic is entitled to receive 59 benefits under this chapter for a mental or nervous injury, 60 whether or not such injury is accompanied by a physical injury 61 requiring medical treatment, if: 62 (a) The mental or nervous injury resulted while the law 63 enforcement officer, firefighter, emergency medical technician, 64 or paramedic was acting within the course of his or her 65 employment as described in s. 440.091 and the law enforcement 66 officer, firefighter, emergency medical technician, or paramedic 67 witnessed, or arrived at the scene of, a murder, suicide, fatal 68 injury, child death, or mass casualty incident; and 69 (b) The mental or nervous injury is demonstrated by a 70 preponderance of the evidence by a licensed psychiatrist to meet 71 the criteria for posttraumatic stress disorder as described in 72 the Diagnostic and Statistical Manual of Mental Disorders, Fifth 73 Edition, published by the American Psychiatric Association. 74 Section 3. This act shall take effect October 1, 2018. 75 76 ================= T I T L E A M E N D M E N T ================ 77 And the title is amended as follows: 78 Delete lines 3 - 12 79 and insert: 80 first responders; amending s. 112.1815, F.S.; revising 81 the evidentiary standard for demonstrating mental and 82 nervous injuries of first responders; deleting certain 83 limitations relating to workers’ compensation benefits 84 for first responders; amending s. 440.093, F.S.; 85 providing that law enforcement officers, firefighters, 86 emergency medical technicians, and paramedics are 87 entitled to benefits under the Workers’ Compensation 88 Law for mental or nervous injuries, regardless of 89 whether such injuries are accompanied by physical 90 injuries requiring medical treatment, under specified 91 circumstances; conforming provisions to changes made 92 by the act; providing an effective date.