Title: Workers' Compensation Benefits For Correctional Officers

Summary: Provides that posttraumatic stress disorder suffered by certain correctional officers is occupational disease compensable by workers' compensation benefits; specifies certain benefits do not require physical injury & are not subject to certain apportionment or limitations; provides time for notice of injury or death; requires employing agency to provide specified mental health training.

Full Text:
An act relating to workers' compensation benefits for correctional officers; creating s. 112.1817, F.S.; providing definitions; providing that, under certain circumstances, posttraumatic stress disorder suffered by a correctional officer is an occupational disease compensable by workers' compensation benefits; specifying that certain benefits do not require a physical injury and are not subject to certain apportionment or limitations; providing a time for notice of injury or death; requiring the Department of Financial Services to adopt certain rules; requiring an employing agency to provide specified mental health training; providing a declaration of important state interest; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 112.1817, Florida Statutes, is created to read: 112.1817 Correctional officers; special provision for posttraumatic stress disorder.-(1) As used in this section, the term: (a) "Correctional officer" includes correctional officers and correctional probation officers as those terms are defined HB 2020 in s. 943.10(2) and (3), respectively. (b) "Directly witnessing" means to see or hear for oneself. (2) For the purposes of chapter and notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress disorder, as described in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Ps ychiatric Association, suffered by a correctional officer is a compensable occupational disease within the meaning of s. 440.151 if: (a) The correctional officer was discharging his or her primary work responsibilities in a place and under circumstances reasonably consistent with those responsibilities and was covered by the employer's workers' compensation coverage; (b) The correctional officer is examined and subsequently diagnosed with such disorder by a licensed psychiatrist who is an authorized tre ating physician as provided in chapter due to one of the following events: 1. Seeing for oneself a deceased minor; 2. Directly witnessing the death of a minor; 3. Directly witnessing, or participating in the physical treatment of, an injury to a minor who subsequently died before or upon arrival at a hospital emergency department; 4. Seeing for oneself a decedent whose death involved grievous bodily harm of a nature that shocks the conscience; 5. Directly witnessing a death, including homicide or HB 2020 suicide, which involved grievous bodily harm of a nature that shocks the conscience; or 6. Directly witnessing, or participating in the physical treatment of, an injury, including an attempted suicid e, to a person who subsequently died before or upon arrival at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience; and (c) Such disorder is demonstrated by clear and convincing medical evidence. (3) Benefits for a correctional officer under this section: (a) Do not require a physical injury to the correctional officer; and (b) Are not subject to: 1. Apportionment due to a preexisting posttraumatic stress disorder; 2. Any limit ation on temporary benefits under s. 440.093; or 3. The-percent limitation on permanent psychiatric impairment benefits under s. 440.15(3). (4) The time for notice of injury or death in cases of compensable posttraumatic stress disorder under this se ction is the same as in s. 440.151(6) and is measured from one of the qualifying events listed in paragraph (2)(b) of this section or the manifestation of the disorder, whichever occurs later. A HB 2020 claim under this section must be properly noticed within 76 weeks after the qualifying event. (5) The Department of Financial Services shall adopt rules specifying injuries qualifying as grievous bodily harm of a nature that shocks the conscience for purposes of this section. (6) An employing agency of a correct ional officer must provide educational training related to mental health awareness, prevention, mitigation, and treatment. Section 2. The Legislature determines and declares that this act fulfills an important state interest. Section 3. This act shall take effect October 1, 2020.