HB 4149

1	A bill to be entitled
2	An act relating to the preferred worker program;
3	amending s. 440.49, F.S.; deleting a preferred worker
4	program for permanently impaired workers who are
5	unable to return to work; conforming cross-references;
6	amending ss. 440.50 and 624.4626, F.S.; conforming
7	cross-references; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Present subsections (9) through (12) of section
12	440.49, Florida Statutes, are renumbered as subsections (8)
13	through (11), respectfully, and subsections (4) and (5),
14	paragraphs (c) and (d) of subsection (7), and present
15	subsections (8) and (11) of that section are amended to read:
16	440.49  Limitation of liability for subsequent injury
17	through Special Disability Trust Fund.-
18	(4)  PERMANENT IMPAIRMENT OR PERMANENT TOTAL DISABILITY,
19	TEMPORARY BENEFITS, MEDICAL BENEFITS, OR ATTENDANT CARE AFTER
20	OTHER PHYSICAL IMPAIRMENT.-
21	(a)  Permanent impairment.-If an employee who has a
22	preexisting permanent physical impairment incurs a subsequent
23	permanent impairment from injury or occupational disease arising
24	out of, and in the course of, her or his employment which merges
25	with the preexisting permanent physical impairment to cause a
26	permanent impairment, the employer shall, in the first instance,
27	pay all benefits provided by this chapter; but, subject to the
28	limitations specified in subsection (6), such employer shall be
29	reimbursed from the Special Disability Trust Fund created by
30	subsection (9) for 50 percent of all impairment benefits which
31	the employer has been required to provide pursuant to s.
32	440.15(3) as a result of the subsequent accident or occupational
33	disease.
34	(b)  Permanent total disability.-If an employee who has a
35	preexisting permanent physical impairment incurs a subsequent
36	permanent impairment from injury or occupational disease arising
37	out of, and in the course of, her or his employment which merges
38	with the preexisting permanent physical impairment to cause
39	permanent total disability, the employer shall, in the first
40	instance, pay all benefits provided by this chapter; but,
41	subject to the limitations specified in subsection (6), such
42	employer shall be reimbursed from the Special Disability Trust
43	Fund created by subsection (9) for 50 percent of all
44	compensation for permanent total disability.
45	(c)  Temporary compensation and medical benefits;
46	aggravation or acceleration of preexisting condition or
47	circumstantial causation.-If an employee who has a preexisting
48	permanent physical impairment experiences an aggravation or
49	acceleration of the preexisting permanent physical impairment as
50	a result of an injury or occupational disease arising out of and
51	in the course of her or his employment, or suffers an injury as
52	a result of a merger as defined in paragraph (2)(c), the
53	employer shall provide all benefits provided by this chapter,
54	but, subject to the limitations specified in subsection (7), the
55	employer shall be reimbursed by the Special Disability Trust
56	Fund created by subsection (9) for 50 percent of its payments
57	for temporary, medical, and attendant care benefits.
58	(5)  WHEN DEATH RESULTS.-If death results from the
59	subsequent permanent impairment contemplated in subsection (4)
60	within 1 year after the subsequent injury, or within 5 years
61	after the subsequent injury when disability has been continuous
62	since the subsequent injury, and it is determined that the death
63	resulted from a merger, the employer shall, in the first
64	instance, pay the funeral expenses and the death benefits
65	prescribed by this chapter; but, subject to the limitations
66	specified in subsection (6), she or he shall be reimbursed from
67	the Special Disability Trust Fund created by subsection (9) for
68	the last 50 percent of all compensation allowable and paid for
69	such death and for 50 percent of the amount paid as funeral
70	expenses.
71	(7)  REIMBURSEMENT OF EMPLOYER.-
72	(c)  A proof of claim must be filed on each notice of claim
73	on file as of June 30, 1997, within 1 year after July 1, 1997,
74	or the right to reimbursement of the claim shall be barred. A
75	notice of claim on file on or before June 30, 1997, may be
76	withdrawn and refiled if, at the time refiled, the notice of
77	claim remains within the limitation period specified in
78	paragraph (a). Such refiling shall not toll, extend, or
79	otherwise alter in any way the limitation period applicable to
80	the withdrawn and subsequently refiled notice of claim. Each
81	proof of claim filed shall be accompanied by a proof-of-claim
82	fee as provided in paragraph (8)(d) (9)(d). The Special
83	Disability Trust Fund shall, within 120 days after receipt of
84	the proof of claim, serve notice of the acceptance of the claim
85	for reimbursement. This paragraph shall apply to all claims
86	notwithstanding the provisions of subsection (11) (12).
87	(d)  Each notice of claim filed or refiled on or after July
88	1, 1997, must be accompanied by a notification fee as provided
89	in paragraph (8)(d) (9)(d). A proof of claim must be filed
90	within 1 year after the date the notice of claim is filed or
91	refiled, accompanied by a proof-of-claim fee as provided in
92	paragraph (8)(d) (9)(d), or the claim shall be barred. The
93	notification fee shall be waived if both the notice of claim and
94	proof of claim are submitted together as a single filing. The
95	Special Disability Trust Fund shall, within 180 days after
96	receipt of the proof of claim, serve notice of the acceptance of
97	the claim for reimbursement. This paragraph shall apply to all
98	claims notwithstanding the provisions of subsection (11) (12).
99	(8)  PREFERRED WORKER PROGRAM.-The Department of Education
100	or administrator shall issue identity cards to preferred workers
101	upon request by qualified employees and the Department of
102	Financial Services shall reimburse an employer, from the Special
103	Disability Trust Fund, for the cost of workers' compensation
104	premium related to the preferred workers payroll for up to 3
105	years of continuous employment upon satisfactory evidence of
106	placement and issuance of payroll and classification records and
107	upon the employee's certification of employment. The Department
108	of Financial Services and the Department of Education may by
109	rule prescribe definitions, forms, and procedures for the
110	administration of the preferred worker program. The Department
111	of Education may by rule prescribe the schedule for submission
112	of forms for participation in the program.
113	(10)(11)  EFFECTIVE DATES.-This section does not apply to
114	any case in which the accident causing the subsequent injury or
115	death or the disablement or death from a subsequent occupational
116	disease occurred prior to July 1, 1955, or on or after January
117	1, 1998. In no event shall the Special Disability Trust Fund be
118	liable for, or reimburse employers or carriers for, any case in
119	which the accident causing the subsequent injury or death or the
120	disablement or death from a subsequent occupational disease
121	occurred on or after January 1, 1998. The Special Disability
122	Trust Fund shall continue to reimburse employers or carriers for
123	subsequent injuries occurring prior to January 1, 1998, and the
124	department shall continue to assess for and the department or
125	administrator shall fund reimbursements as provided in
126	subsection (8) (9) for this purpose.
127	Section 2.  Paragraph (b) of subsection (1) of section
128	440.50, Florida Statutes, is amended to read:
129	440.50  Workers' Compensation Administration Trust Fund.-
130	(1)
131	(b)  The department is authorized to transfer as a loan an
132	amount not in excess of $250,000 from such special fund to the
133	Special Disability Trust Fund established by s. 440.49(8)
134	440.49(9), which amount shall be repaid to said special fund in
135	annual payments equal to not less than 10 percent of moneys
136	received for such Special Disability Trust Fund.
137	Section 3.  Subsection (2) of section 624.4626, Florida
138	Statutes, is amended to read:
139	624.4626  Electric cooperative self-insurance fund.-
140	(2)  A self-insurance fund that meets the requirements of
141	this section is subject to the assessments set forth in ss.
142	440.49(8) 440.49(9), 440.51(1), and 624.4621(7), but is not
143	subject to any other provision of s. 624.4621 and is not
144	required to file any report with the department under s.
145	440.38(2)(b) which is uniquely required of group self-insurer
146	funds qualified under s. 624.4621.
147	Section 4.  This act shall take effect July 1, 2012.

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