Florida Division Notices Proposed Rule - Grievous Harm

The Florida Division of Workers' Compensation submitted a Notice of Proposed Rule for Rule 69L-3.009, F.A.C.  If requested within 21 days of the notice, a hearing will be held on Tuesday, November 27, 2018, 9:00 a.m. ET, at the Hartman Building Room 102, 2012 Capital Circle SE, Tallahassee, FL 32301.

A new rule is being introduced due to the passage of CS/CS/SB 376, which added subsections (5) and (6) to section 112.1815, Florida Statutes (F.S.). Section 112.1815(5)(f), F.S., requires the Department of Financial Services to adopt rules specifying injuries qualifying as grievous bodily harm of a nature that shocks the conscience.

If you have questions about the contents of this notice, please contact Brittany O’Neil, Policy Coordinator, Division of Workers' Compensation at (850) 413-1927 or brittany.oneil@myfloridacfo.com.

Rule draft:
69L-3.009 Injuries that Qualify as Grievous Bodily Harm of a Nature that Shocks the Conscience. Pursuant to section 112.1815(5), F.S., for purposes of determining the compensability of employment-related posttraumtic stress disorder for first responders, the following injuries qualify as grievous bodily harm of a nature that shocks the conscience: 
(1) Decapitation (full or partial), 
(2) Degloving, 
(3) Enucleation, 
(4) Evisceration. 
(5) Exposure of one or more internal organs, 
(a) Brain, 
(b) Heart, 
(c) Intestines 
(d) Kidneys, 
(e) Liver, or 
(f) Lungs 
(6) Impalement, 
(7) Severance (full or partial), and 
(8) Third degree burn on 9% or more of the body 

Rulemaking Authority 112.1815(5)(f), 440.591, FS. Law Implemented 112.1815, FS. History-New.

*Emergency Order 234790-18-EO : MICHAEL10152018*

On October 14, 2018, Governor Rick Scott directed Florida Insurance Commissioner David Altmaier to take every action authorized pursuant to Executive Order 18-276 to provide additional protections to support recovery efforts as it relates to Hurricane Michael’s impact on Florida families as well as Florida policyholders.

On October 15, 2018, Commissioner Atlmaier issued the following Emergency Order enacting those protections for Florida policyholders:

https://floir.com/sitedocuments/234790-18-EO_Hurricane%20Michael_Suspension_of_Certain_Rules.pdf

In response to the Emergency Order, the Florida Division of Workers’ Compensation will review policies reported since September 27, 2018 and automatically extend coverage for the policies in the affected counties in accordance with the time frames set forth in the Order.