Bill Text: FL S0126 | 2018 | Regular Session | Introduced
Bill Title: Workers' Compensation for First Responders
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Failed) 2018-03-10 - Died in Banking and Insurance [S0126 Detail]
Download: Florida-2018-S0126-Introduced.html
Florida Senate - 2018 SB 126 By Senator Torres 15-00224-18 2018126__ 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 must be 5 demonstrated for purposes of determining eligibility 6 for benefits for employment-related accidents and 7 injuries; removing the limitation that only medical 8 benefits are payable for a mental or nervous injury 9 unaccompanied by a physical injury; revising 10 eligibility for certain payments provided under the 11 Workers’ Compensation Law; providing that the act 12 fulfills an important state interest; providing an 13 effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Subsection (2) of section 112.1815, Florida 18 Statutes, is amended to read: 19 112.1815 Firefighters, paramedics, emergency medical 20 technicians, and law enforcement officers; special provisions 21 for employment-related accidents and injuries.— 22 (2)(a) For the purpose of determining benefits under this 23 section relating to employment-related accidents and injuries of 24 first responders, the following shall apply: 25 1. An injury or disease caused by the exposure to a toxic 26 substance is not an injury by accident arising out of employment 27 unless there is a preponderance of the evidence establishing 28 that exposure to the specific substance involved, at the levels 29 to which the first responder was exposed, can cause the injury 30 or disease sustained by the employee. 31 2. Any adverse result or complication caused by a smallpox 32 vaccination of a first responder is deemed to be an injury by 33 accident arising out of work performed in the course and scope 34 of employment. 35 3. A mental or nervous injury involving a first responder 36 and occurring as a manifestation of a compensable injury must be 37 demonstrated by a preponderance of theclear and convincing38 evidence. For a mental or nervous injury arising out of the 39 employment unaccompanied by a physical injury involving a first 40 responder,onlymedical benefits under s. 440.13 shall be 41 payable for the mental or nervous injury. If a mental or nervous 42 injury results in disability or death of a first responder 43However, payment of indemnity as provided in s. 440.15 or s. 44 440.16 may be due even if no physical injury occurredmay not be45made unless a physical injuryarising out of injury as a first46responder accompanies the mental or nervous injury. Benefits for 47 a first responder are not subject to any limitation on temporary 48 benefits under s. 440.093 or the 1-percent limitation on 49 permanent psychiatric impairment benefits under s. 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. The Legislature finds that this act fulfills an 55 important state interest relating to the public interest for the 56 prompt and adequate provision of workers’ compensation benefits 57 to first responders employed by state or local government. 58 Section 3. This act shall take effect July 1, 2018.