| 1 | The Insurance Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to workers' compensation for first |
| 7 | responders; amending s. 440.091, F.S.; providing a |
| 8 | definition of the term "first responder"; providing a |
| 9 | standard of proof for certain injuries and diseases in |
| 10 | certain workers' compensation claims; providing that |
| 11 | certain adverse results and complications are injuries by |
| 12 | accident arising out of employment; providing for the |
| 13 | continuation of permanent total supplemental benefits for |
| 14 | certain first responders; providing a definition of the |
| 15 | term "occupational disease"; providing legislative |
| 16 | findings; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Subsection (4) is added to section 440.091, |
| 21 | Florida Statutes, to read: |
| 22 | 440.091 Law enforcement officer, firefighter, emergency |
| 23 | medical technician, or paramedic; when acting within the course |
| 24 | of employment.-- |
| 25 | (4)(a) The term "first responder" as used in this |
| 26 | subsection means a law enforcement officer as defined in s. |
| 27 | 943.10, a firefighter as defined in s. 633.30, or an emergency |
| 28 | medical technician or paramedic as defined in s. 401.23 employed |
| 29 | by state or local government. A volunteer firefighter engaged by |
| 30 | state or local government is also considered a first responder |
| 31 | for purposes of this subsection. |
| 32 | (b) For the purpose of determining benefits under this |
| 33 | chapter relating to employment-related accidents and injuries of |
| 34 | first responders, the following shall apply: |
| 35 | 1. An injury or disease caused by the exposure to a toxic |
| 36 | substance is not an injury by accident arising out of employment |
| 37 | unless there is a preponderance of the evidence establishing |
| 38 | that exposure to the specific substance involved, at the levels |
| 39 | to which the first responder was exposed, can cause the injury |
| 40 | or disease sustained by the employee. |
| 41 | 2. Any adverse medical condition caused by a smallpox |
| 42 | vaccination of a first responder is deemed to be an injury by |
| 43 | accident arising out of work performed in the course and scope |
| 44 | of employment. |
| 45 | 3. In cases involving occupational disease, both causation |
| 46 | and sufficient exposure to a specific harmful substance shown to |
| 47 | be present in the workplace to support causation shall be proven |
| 48 | by a preponderance of the evidence. |
| 49 | (c) Permanent total supplemental benefits under s. |
| 50 | 440.15(1)(f) received by a first responder whose employer does |
| 51 | not participate in the social security program shall not |
| 52 | terminate after the first responder attains the age of 62. |
| 53 | (d) For the purposes of this subsection, the term |
| 54 | "occupational disease" means only a disease that is due to |
| 55 | causes and conditions that are characteristic of and peculiar to |
| 56 | a particular trade, occupation, process, or employment and |
| 57 | excludes all ordinary diseases of life to which the general |
| 58 | public is exposed, unless the incidence of the disease is |
| 59 | substantially higher in the particular trade, occupation, |
| 60 | process, or employment than for the general public. |
| 61 | Section 2. The Legislature finds that this act fulfills an |
| 62 | important state interest. |
| 63 | Section 3. This act shall take effect October 1, 2006. |