Florida Senate - 2011                      CS for CS for SB 1286
       By the Committees on Budget; and Banking and Insurance; and
       Senator Bennett
       576-04537-11                                          20111286c2
    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 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         providing an effective date.
   30  Be It Enacted by the Legislature of the State of Florida:
   32         Section 1. Section 440.094, Florida Statutes, is created to
   33  read:
   34         440.094 Extraterritorial reciprocity.—
   35         (1) If an employee in this state who is subject to this
   36  chapter temporarily leaves the state incidental to his or her
   37  employment and receives an accidental injury arising out of and
   38  in the course of employment, the employee, or the beneficiaries
   39  of the employee if the injury results in death, is entitled to
   40  the benefits of this chapter as if the employee were injured
   41  within this state.
   42         (2) An employee from another state and the employer of the
   43  employee in the other state are exempt from this chapter while
   44  the employee is temporarily in this state doing work for the
   45  employer if:
   46         (a) The employer has furnished workers’ compensation
   47  insurance coverage under the workers’ compensation insurance or
   48  similar laws of the other state to cover the employee’s
   49  employment while in this state;
   50         (b) The extraterritorial provisions of this chapter are
   51  recognized in the other state; and
   52         (c) Employees and employers who are covered in this state
   53  are likewise exempted from the application of the workers’
   54  compensation insurance or similar laws of the other state.
   55         (3) The benefits under the workers’ compensation insurance
   56  or similar laws of the other state, or other remedies under
   57  similar laws, are the exclusive remedy against the employer for
   58  any injury, whether resulting in death or not, received by the
   59  employee while temporarily working for that employer in this
   60  state.
   61         (4) A certificate from the duly authorized officer of the
   62  appropriate department of another state certifying that the
   63  employer of the other state is insured in that state and has
   64  provided extraterritorial coverage insuring employees while
   65  working in this state is prima facie evidence that the employer
   66  carries workers’ compensation insurance.
   67         (5) If in any appeal or other litigation the construction
   68  of the laws of another jurisdiction is required, the courts
   69  shall take judicial notice of such construction of the laws of
   70  the other jurisdiction.
   71         (6) If an employee has a claim under the workers’
   72  compensation law of another state, territory, province, or
   73  foreign nation for the same injury or occupational disease as
   74  the claim filed in this state, the total amount of compensation
   75  paid or awarded under such other workers’ compensation law shall
   76  be credited against the compensation due under the state
   77  workers’ compensation law.
   78         (7) For purposes of this section, an employee is considered
   79  to be temporarily in a state doing work for an employer if the
   80  employee is working for no more than 10 consecutive days or no
   81  more than 25 total days during a calendar year for the employer
   82  in a state other than the state where the employee is primarily
   83  employed.
   84         (8) This section applies to any claim made on or after July
   85  1, 2011, regardless of the date of the accident.
   86         Section 2. This act shall take effect July 1, 2011.