HB 723

A bill to be entitled
2An act relating to state reciprocity in workers'
3compensation claims; amending s. 440.09, F.S.; providing
4extraterritorial coverage; exempting certain employees
5working in this state and the employers of such employees
6from the Workers' Compensation Law of this state under
7certain conditions; providing requirements for the
8establishment of prima facie evidence that the employer
9carries certain workers' compensation insurance; requiring
10courts to take judicial notice of the construction of
11certain laws; authorizing the Division of Workers'
12Compensation to enter into agreements with the workers'
13compensation agencies of other states for certain
14purposes; providing requirements for claims made in other
15states; providing criteria for employees to be considered
16temporarily in a state; providing application; providing
17an effective date.
19Be It Enacted by the Legislature of the State of Florida:
21     Section 1.  Paragraph (e) is added to subsection (1) of
22section 440.09, Florida Statutes, to read:
23     440.09  Coverage.-
24     (1)  The employer must pay compensation or furnish benefits
25required by this chapter if the employee suffers an accidental
26compensable injury or death arising out of work performed in the
27course and the scope of employment. The injury, its occupational
28cause, and any resulting manifestations or disability must be
29established to a reasonable degree of medical certainty, based
30on objective relevant medical findings, and the accidental
31compensable injury must be the major contributing cause of any
32resulting injuries. For purposes of this section, "major
33contributing cause" means the cause which is more than 50
34percent responsible for the injury as compared to all other
35causes combined for which treatment or benefits are sought. In
36cases involving occupational disease or repetitive exposure,
37both causation and sufficient exposure to support causation must
38be proven by clear and convincing evidence. Pain or other
39subjective complaints alone, in the absence of objective
40relevant medical findings, are not compensable. For purposes of
41this section, "objective relevant medical findings" are those
42objective findings that correlate to the subjective complaints
43of the injured employee and are confirmed by physical
44examination findings or diagnostic testing. Establishment of the
45causal relationship between a compensable accident and injuries
46for conditions that are not readily observable must be by
47medical evidence only, as demonstrated by physical examination
48findings or diagnostic testing. Major contributing cause must be
49demonstrated by medical evidence only.
50     (e)1.  If an employee in this state subject to this chapter
51temporarily leaves the state incidental to his or her employment
52and receives an accidental injury arising out of and in the
53course of employment, the employee, or beneficiaries of the
54employee if the injury results in death, is entitled to the
55benefits of this chapter as if the employee were injured within
56this state.
57     2.  An employee from another state and the employer of the
58employee in the other state are exempt from this chapter while
59the employee is temporarily in this state doing work for the
60employer if:
61     a.  The employer has furnished workers' compensation
62insurance coverage under the workers' compensation insurance or
63similar laws of the other state to cover the employee's
64employment while in this state;
65     b.  The extraterritorial provisions of this chapter are
66recognized in the other state; and
67     c.  Employees and employers who are covered in this state
68are likewise exempted from the application of the workers'
69compensation insurance or similar laws of the other state.
70     3.  The benefits under the workers' compensation insurance
71or similar laws of the other state, or other remedies under
72similar law, are the exclusive remedy against the employer for
73any injury, whether resulting in death or not, received by the
74employee while temporarily working for that employer in this
76     4.  A certificate from the duly authorized officer of the
77department or similar department of another state certifying
78that the employer of the other state is insured in that state
79and has provided extraterritorial coverage insuring employees
80while working in this state is prima facie evidence that the
81employer carries that workers' compensation insurance.
82     5.  Whenever in any appeal or other litigation the
83construction of the laws of another jurisdiction is required,
84the courts shall take judicial notice of such construction of
85the laws of the other jurisdiction.
86     6.  The division may enter into an agreement with the
87workers' compensation agency of any other state relating to
88conflicts of jurisdiction where the contract of employment is in
89one state and the injuries occur in the other state, or where
90there is a dispute as to the boundaries or jurisdiction of the
91states; and, when such an agreement has been executed and made
92public by the respective state agencies, the rights of employees
93hired in the other state and injured while temporarily in this
94state, or hired in this state and injured while temporarily in
95the other state, or where the jurisdiction is otherwise
96uncertain, shall be determined pursuant to such agreement and
97confined to the jurisdiction provided in the agreement.
98     7.  When an employee has a claim under the workers'
99compensation law of another state, territory, province, or
100foreign nation for the same injury or occupational disease as
101the claim filed in this state, the total amount of compensation
102paid or awarded under such other workers' compensation law shall
103be credited against the compensation due under the Florida
104Workers' Compensation Law. The employee is entitled to the full
105amount of compensation due under the Florida Workers'
106Compensation Law. If compensation under the Florida Workers'
107Compensation Law is more than the compensation under another
108law, or compensation paid to the employee under another law is
109recovered from the employee, the insurer shall pay any unpaid
110compensation to the employee up to the amount required by the
111claim under the Florida Workers' Compensation Law.
112     8.  For purposes of this paragraph, an employee is
113considered to be temporarily in a state doing work for an
114employer if the employee is working for his employer in a state
115other than the state where he or she is primarily employed, for
116no more than 10 consecutive days, or no more than 25 total days,
117during a calendar year.
118     9.  This paragraph applies to any claim made on or after
119July 1, 2011, regardless of the date of the accident.
120     Section 2.  This act shall take effect July 1, 2011.

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