| 1 | A bill to be entitled |
| 2 | An act relating to workers' compensation for first |
| 3 | responders; creating s. 112.1815, F.S.; providing a |
| 4 | definition of the term "first responder"; providing a |
| 5 | standard of proof for first responders having an injury or |
| 6 | disease caused by exposure to a toxic substance; providing |
| 7 | that any adverse result or complication relating to |
| 8 | smallpox vaccinations is an injury by accident arising out |
| 9 | of employment for first responders; providing a standard |
| 10 | of proof for first responders in cases involving |
| 11 | occupational disease; providing for the continuation of |
| 12 | permanent total supplemental benefits after the age of 62 |
| 13 | for certain first responders; providing a definition of |
| 14 | the term "occupational disease"; providing that the act |
| 15 | fulfills an important state interest; providing an |
| 16 | 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. Section 112.1815, Florida Statutes, is created |
| 21 | to read: |
| 22 | 112.1815 Firefighters, paramedics, emergency medical |
| 23 | technicians, and law enforcement officers; special provisions |
| 24 | for employment-related accidents and injuries.-- |
| 25 | (1) The term "first responder" as used in this section |
| 26 | means a law enforcement officer as defined in s. 943.10, a |
| 27 | firefighter as defined in s. 633.30, or an emergency medical |
| 28 | technician or paramedic as defined in s. 401.23 employed by |
| 29 | state or local government. A volunteer law enforcement officer, |
| 30 | firefighter, or emergency medical technician or paramedic |
| 31 | engaged by the state or a local government is also considered a |
| 32 | first responder of the state or local government for purposes of |
| 33 | this section. |
| 34 | (2)(a) For the purpose of determining benefits under this |
| 35 | section relating to employment-related accidents and injuries of |
| 36 | first responders, the following shall apply: |
| 37 | 1. An injury or disease caused by the exposure to a toxic |
| 38 | substance is not an injury by accident arising out of employment |
| 39 | unless there is a preponderance of the evidence establishing |
| 40 | that exposure to the specific substance involved, at the levels |
| 41 | to which the first responder was exposed, can cause the injury |
| 42 | or disease sustained by the employee. |
| 43 | 2. Any adverse result or complication caused by a smallpox |
| 44 | vaccination of a first responder is deemed to be an injury by |
| 45 | accident arising out of work performed in the course and scope |
| 46 | of employment. |
| 47 | 3. A mental or nervous injury involving a first responder |
| 48 | and occurring as a manifestation of a compensable injury must be |
| 49 | demonstrated by clear and convincing evidence. For a mental or |
| 50 | nervous injury arising out of the employment unaccompanied by a |
| 51 | physical injury involving a first responder, only medical |
| 52 | benefits under s. 440.13 shall be payable for the mental or |
| 53 | nervous injury. However, payment of indemnity as provided in s. |
| 54 | 440.15 may not be made unless a physical injury arising out of |
| 55 | injury as a first responder accompanies the mental or nervous |
| 56 | injury. Benefits for a first responder are not subject to any |
| 57 | limitation on temporary benefits under s. 440.093 or the 1- |
| 58 | percent limitation on permanent psychiatric impairment benefits |
| 59 | under s. 440.15(3)(c). |
| 60 | (b) In cases involving occupational disease, both |
| 61 | causation and sufficient exposure to a specific harmful |
| 62 | substance shown to be present in the workplace to support |
| 63 | causation shall be proven by a preponderance of the evidence. |
| 64 | (3) Permanent total supplemental benefits received by a |
| 65 | first responder whose employer does not participate in the |
| 66 | social security program shall not terminate after the first |
| 67 | responder attains the age of 62. |
| 68 | (4) For the purposes of this section, the term |
| 69 | "occupational disease" means only a disease that arises out of |
| 70 | employment as a first responder and is due to causes and |
| 71 | conditions that are characteristic of and peculiar to a |
| 72 | particular trade, occupation, process, or employment and |
| 73 | excludes all ordinary diseases of life to which the general |
| 74 | public is exposed, unless the incidence of the disease is |
| 75 | substantially higher in the particular trade, occupation, |
| 76 | process, or employment than for the general public. |
| 77 | Section 2. The Legislature finds that this act fulfills an |
| 78 | important state interest relating to the public interest in |
| 79 | prompt and adequate response to provide for the safety of the |
| 80 | public unique to this class of state and local government |
| 81 | employees. |
| 82 | Section 3. This act shall take effect upon becoming a law. |