Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 1286 Barcode 488286 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/22/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Bennett) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 440.094, Florida Statutes, is created to 6 read: 7 440.094 Extraterritorial reciprocity.— 8 (1) If an employee in this state who is subject to this 9 chapter temporarily leaves the state incidental to his or her 10 employment and receives an accidental injury arising out of and 11 in the course of employment, the employee, or the beneficiaries 12 of the employee if the injury results in death, is entitled to 13 the benefits of this chapter as if the employee were injured 14 within this state. 15 (2) An employee from another state and the employer of the 16 employee in the other state are exempt from this chapter while 17 the employee is temporarily in this state doing work for the 18 employer if: 19 (a) The employer has furnished workers’ compensation 20 insurance coverage under the workers’ compensation insurance or 21 similar laws of the other state to cover the employee’s 22 employment while in this state; 23 (b) The extraterritorial provisions of this chapter are 24 recognized in the other state; and 25 (c) Employees and employers who are covered in this state 26 are likewise exempted from the application of the workers’ 27 compensation insurance or similar laws of the other state. 28 (3) The benefits under the workers’ compensation insurance 29 or similar laws of the other state, or other remedies under 30 similar laws, are the exclusive remedy against the employer for 31 any injury, whether resulting in death or not, received by the 32 employee while temporarily working for that employer in this 33 state. 34 (4) A certificate from the duly authorized officer of the 35 appropriate department of another state certifying that the 36 employer of the other state is insured in that state and has 37 provided extraterritorial coverage insuring employees while 38 working in this state is prima facie evidence that the employer 39 carries workers’ compensation insurance. 40 (5) If in any appeal or other litigation the construction 41 of the laws of another jurisdiction is required, the courts 42 shall take judicial notice of such construction of the laws of 43 the other jurisdiction. 44 (6) If an employee has a claim under the workers’ 45 compensation law of another state, territory, province, or 46 foreign nation for the same injury or occupational disease as 47 the claim filed in this state, the total amount of compensation 48 paid or awarded under such other workers’ compensation law shall 49 be credited against the compensation due under the state 50 workers’ compensation law. 51 (7) For purposes of this section, an employee is considered 52 to be temporarily in a state doing work for an employer if the 53 employee is working for no more than 10 consecutive days or no 54 more than 25 total days during a calendar year for the employer 55 in a state other than the state where the employee is primarily 56 employed. 57 (8) This section applies to any claim made on or after July 58 1, 2011, regardless of the date of the accident. 59 Section 2. This act shall take effect July 1, 2011. 60 61 ================= T I T L E A M E N D M E N T ================ 62 And the title is amended as follows: 63 Delete everything before the enacting clause 64 and insert: 65 A bill to be entitled 66 An act relating to state reciprocity in workers’ 67 compensation claims; creating s. 440.094, F.S.; 68 providing extraterritorial coverage for employees of 69 this state who temporarily leave this state incidental 70 to his or her employment; exempting certain employees 71 from another state working in this state and the 72 employers of such employees from the workers’ 73 compensation law of this state under certain 74 conditions; providing that the benefits under the 75 workers’ compensation insurance or similar laws of the 76 other state are the exclusive remedy against the 77 employer for any injury received by an employee 78 working temporarily in this state; providing 79 requirements for the establishment of prima facie 80 evidence that the employer carries certain workers’ 81 compensation insurance; requiring courts to take 82 judicial notice of the construction of certain laws; 83 requiring an employee having a claim under the 84 workers’ compensation law of another state, territory, 85 province, or country for the same injury as the claim 86 filed in this state, to have the total amount of 87 compensation paid under another workers’ compensation 88 law be credited against the compensation due under the 89 state workers’ compensation law; providing criteria 90 for employees to be considered temporarily in a state; 91 providing for the application of the act to a claim; 92 providing an effective date.