STATUTORY LAW UPDATE

On June 1, 2010, Governor Christ approved senate bill No. 2176, which was codified as Chapter Law 2010-175.  The law contains significant changes to (1) the course and scope of employment of deputy sheriffs; and (2) the availability of the section 112.18 presumption to law enforcement, correctional, and correctional probations officers.  A summary of the specific provisions are as follows:

Course and Scope of Employment of Deputy Sheriffs

The legislature amended section 30.2905(2) regarding deputy sheriff’s as follows:

·                    The statute defines the term “enforcing the criminal, traffic, or penal laws” to include providing security, patrol, or traffic direction for a private or public employer. 

·                    The statute adds a provision allowing a sheriff to include the sheriff’s proportionate costs of workers’ compensation premiums for an off-duty deputy sheriff, when the sheriff provides the services referenced in the section.

Applicability of section 112.18

The legislature amended section 112.18 to limit the availability of the presumption in cases where a law enforcement officer, correctional officer, or correctional probation officer materially departed from a prescribed course of treatment.  The changes apply to accidents occurring after July 1, 2010.  Note the changes only affect the aforementioned employees, and does not impact firefighters.

·                    Correctional probation officer is added to section 112.18(1)(a).  Arguably, this does not change the class of employees covered by section 112.18 as section 112.18 was amended in 2002 to provide that a correctional officer as defined in section 943.10(1), (2), or (3) is covered.  Section 943.10(3) provides the definition of “correctional probation officer.”

·                    If an employee suffers from hypertension, heart disease, or tuberculosis, and the employee departs in a “material fashion” from a prescribed course of treatment, it may be presumed the condition did not arise in the line of duty.

·                    The departure rule will apply to those seeking compensability of a new condition if the employee fails to follow the prescribed course of treatment from his personal care physical.

·                    The departure rule will apply to those with a prior compensable condition if the employee fails to follow the prescribed course of treatment from his “prescribing physician.”

·                    The departure rule will only apply if the departure resulted in a “significant aggravation” or tuberculosis, heart disease, or hypertension.

·                    A law enforcement officer, correctional officer, or correctional probation officer is not entitled to the current presumption (the presumption of compensability) unless a claim for benefits is made within 180 days after leaving his employment.

Because of inconsistent provisions, it is unclear whether the changes go into effect on July 1, 2010 or January 1, 2011.  However, the best interpretation is that the changes take effect on July 1, 2010.  It appears the intent of the legislature in passing senate bill 2176 was to limit the availability of section 112.18, while clarifying the types of activities that may entitle an injured deputy sheriff to workers’ compensation.  As the provisions of Chapter Law 2010-175 are self-explanatory, I have attached a copy of the law with this letter for your review.

I think it is obvious that these changes will have far-reaching effects.  The statute also contains numerous vague and ambiguous provisions that the court will ultimately clarify.  In the meantime, you should keep these new rules in mind when evaluating your claims.  Additionally, if you have any questions regarding the changes to the law, or wish to discuss this matter further, please do not hesitate to contact one of the attorneys at Broussard, Cullen & DeGailler, P.A.

For more information on these changes and the effects, or for a copy of the bill, please contact my office.