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.
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.
