CS/HB 123

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

CODING: Words stricken are deletions; words underlined are additions.