Florida Senate - 2011                             CS for SB 1286
       By the Committee on Banking and Insurance; and Senator Bennett
       597-02877-11                                          20111286c1
    1                        A bill to be entitled                      
    2         An act relating to state reciprocity in workers’
    3         compensation claims; creating s. 440.094, F.S.;
    4         providing extraterritorial coverage for employees of
    5         this state who temporarily leave this state incidental
    6         to his or her employment; exempting certain employees
    7         from another state working in this state and the
    8         employers of such employees from the workers’
    9         compensation law of this state under certain
   10         conditions; providing that the benefits under the
   11         workers’ compensation insurance or similar laws of the
   12         other state are the exclusive remedy against the
   13         employer for any injury received by an employee
   14         working temporarily in this state; providing
   15         requirements for the establishment of prima facie
   16         evidence that the employer carries certain workers’
   17         compensation insurance; requiring courts to take
   18         judicial notice of the construction of certain laws;
   19         requiring an employee having a claim under the
   20         workers’ compensation law of another state, territory,
   21         province, or country for the same injury as the claim
   22         filed in this state, to have the total amount of
   23         compensation paid under another workers’ compensation
   24         law be credited against the compensation due under the
   25         state workers’ compensation law; providing criteria
   26         for employees to be considered temporarily in a state;
   27         providing for the application of the act to a claim;
   28         amending s. 440.12, F.S.; authorizing a worker’s
   29         compensation insurance carrier to provide compensation
   30         payments through the use of prepaid cards under
   31         certain circumstances; requiring the carrier to
   32         maintain records of the payments made and the time and
   33         manner of the payments; amending s. 440.20, F.S.;
   34         providing that the obligation of a workers’
   35         compensation insurance carrier to pay compensation
   36         directly to an employee is satisfied by providing
   37         compensation through the use of a prepaid card;
   38         providing an effective date.
   40  Be It Enacted by the Legislature of the State of Florida:
   42         Section 1. Section 440.094, Florida Statutes, is created to
   43  read:
   44         440.094 Extraterritorial reciprocity.—
   45         (1) If an employee in this state who is subject to this
   46  chapter temporarily leaves the state incidental to his or her
   47  employment and receives an accidental injury arising out of and
   48  in the course of employment, the employee, or the beneficiaries
   49  of the employee if the injury results in death, is entitled to
   50  the benefits of this chapter as if the employee were injured
   51  within this state.
   52         (2) An employee from another state and the employer of the
   53  employee in the other state are exempt from this chapter while
   54  the employee is temporarily in this state doing work for the
   55  employer if:
   56         (a) The employer has furnished workers’ compensation
   57  insurance coverage under the workers’ compensation insurance or
   58  similar laws of the other state to cover the employee’s
   59  employment while in this state;
   60         (b) The extraterritorial provisions of this chapter are
   61  recognized in the other state; and
   62         (c) Employees and employers who are covered in this state
   63  are likewise exempted from the application of the workers’
   64  compensation insurance or similar laws of the other state.
   65         (3) The benefits under the workers’ compensation insurance
   66  or similar laws of the other state, or other remedies under
   67  similar laws, are the exclusive remedy against the employer for
   68  any injury, whether resulting in death or not, received by the
   69  employee while temporarily working for that employer in this
   70  state.
   71         (4) A certificate from the duly authorized officer of the
   72  appropriate department of another state certifying that the
   73  employer of the other state is insured in that state and has
   74  provided extraterritorial coverage insuring employees while
   75  working in this state is prima facie evidence that the employer
   76  carries workers’ compensation insurance.
   77         (5) If in any appeal or other litigation the construction
   78  of the laws of another jurisdiction is required, the courts
   79  shall take judicial notice of such construction of the laws of
   80  the other jurisdiction.
   81         (6) If an employee has a claim under the workers’
   82  compensation law of another state, territory, province, or
   83  foreign nation for the same injury or occupational disease as
   84  the claim filed in this state, the total amount of compensation
   85  paid or awarded under such other workers’ compensation law shall
   86  be credited against the compensation due under the state
   87  workers’ compensation law.
   88         (7) For purposes of this section, an employee is considered
   89  to be temporarily in a state doing work for an employer if the
   90  employee is working for no more than 10 consecutive days or no
   91  more than 25 total days during a calendar year for the employer
   92  in a state other than the state where the employee is primarily
   93  employed.
   94         (8) This section applies to any claim made on or after July
   95  1, 2011, regardless of the date of the accident.
   96         Section 2. Subsection (1) of section 440.12, Florida
   97  Statutes, is amended to read:
   98         440.12 Time for commencement and limits on weekly rate of
   99  compensation.—
  100         (1) No Compensation is not shall be allowed for the first 7
  101  days of the disability, except for benefits provided under for
  102  in s. 440.13. However, if the injury results in disability of
  103  more than 21 days, compensation shall be allowed from the
  104  commencement of the disability.
  105         (a) All weekly compensation payments, except for the first
  106  payment, shall be paid by check or, if authorized by the
  107  employee, on a prepaid card pursuant to paragraph (b) or
  108  deposited directly into the employee’s account at a financial
  109  institution. As used in this subsection, the term “financial
  110  institution” means a financial institution as defined in s.
  111  655.005(1)(h).
  112         (b) A carrier may use prepaid cards to deliver compensation
  113  to employees if the employee is:
  114         1. Provided with at least one means of accessing his or her
  115  entire compensation payment once per week without incurring
  116  fees;
  117         2. Provided with the terms and conditions of the program,
  118  including a description of any fees that may be assessed; and
  119         3. Given the option of receiving compensation payments by
  120  direct deposit into his or her personal account at a financial
  121  institution.
  122         (c) Each carrier shall keep a record of all payments made
  123  under this subsection and the time and manner of such payments,
  124  and shall furnish these records, or a report based on these
  125  records, to the Bureau of Workers’ Compensation Fraud upon
  126  request.
  127         Section 3. Paragraph (a) of subsection (1) of section
  128  440.20, Florida Statutes, is amended to read:
  129         440.20 Time for payment of compensation and medical bills;
  130  penalties for late payment.—
  131         (1)(a) Unless it denies compensability or entitlement to
  132  benefits, the carrier shall pay compensation directly to the
  133  employee as required by ss. 440.14, 440.15, and 440.16, in
  134  accordance with the obligations set forth in those such
  135  sections. If authorized by the employee, The carrier’s
  136  obligation to pay compensation directly to the employee is
  137  satisfied when the carrier directly deposits, by electronic
  138  transfer or other means, compensation into the employee’s
  139  account at a financial institution or onto a prepaid card in
  140  accordance with s. 440.12(1). As used in this paragraph, the
  141  term “financial institution” means a financial institution as
  142  defined in s. 655.005(1)(h). Compensation by direct deposit or
  143  through the use of a prepaid card is considered paid on the date
  144  the funds become available for withdrawal by the employee.
  145         Section 4. This act shall take effect July 1, 2011.