Bill Text: FL S1088 | 2017 | Regular Session | Introduced
Bill Title: Workers' Compensation for First Responders
Spectrum: Bipartisan Bill
Status: (Failed) 2017-05-05 - Died in Appropriations Subcommittee on General Government [S1088 Detail]
Download: Florida-2017-S1088-Introduced.html
Florida Senate - 2017 SB 1088 By Senator Torres 15-01326-17 20171088__ 1 A bill to be entitled 2 An act relating to workers’ compensation for first 3 responders; amending s. 112.1815, F.S.; revising the 4 standard by which a mental or nervous injury involving 5 a first responder must be demonstrated for purposes of 6 determining eligibility for benefits for employment 7 related accidents and injuries; removing the 8 limitation that only medical benefits are payable for 9 a mental or nervous injury unaccompanied by a physical 10 injury; revising eligibility for certain payments 11 provided under the Workers’ Compensation Law; 12 providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsection (2) of section 112.1815, Florida 17 Statutes, is amended to read: 18 112.1815 Firefighters, paramedics, emergency medical 19 technicians, and law enforcement officers; special provisions 20 for employment-related accidents and injuries.— 21 (2)(a) For the purpose of determining benefits under this 22 section relating to employment-related accidents and injuries of 23 first responders, the following shall apply: 24 1. An injury or disease caused by the exposure to a toxic 25 substance is not an injury by accident arising out of employment 26 unless there is a preponderance of the evidence establishing 27 that exposure to the specific substance involved, at the levels 28 to which the first responder was exposed, can cause the injury 29 or disease sustained by the employee. 30 2. Any adverse result or complication caused by a smallpox 31 vaccination of a first responder is deemed to be an injury by 32 accident arising out of work performed in the course and scope 33 of employment. 34 3. A mental or nervous injury involving a first responder 35 and occurring as a manifestation of a compensable injury must be 36 demonstrated by a preponderance of theclear and convincing37 evidence. For a mental or nervous injury arising out of the 38 employment unaccompanied by a physical injury involving a first 39 responder,onlymedical benefits under s. 440.13 shall be 40 payable for the mental or nervous injury. If the mental or 41 nervous injury results in disability or death of a first 42 responderHowever, payment of indemnity as provided in s. 440.15 43 or s. 440.16 may be due even if no physical injury occurredmay44not be made unless a physical injuryarising out of injury as a45first responder accompanies the mental or nervous injury. 46 Benefits for a first responder are not subject to any limitation 47 on temporary benefits under s. 440.093 or the 1-percent 48 limitation on permanent psychiatric impairment benefits under s. 49 440.15(3)(c). 50 (b) In cases involving occupational disease, both causation 51 and sufficient exposure to a specific harmful substance shown to 52 be present in the workplace to support causation shall be proven 53 by a preponderance of the evidence. 54 Section 2. This act shall take effect July 1, 2017.