Disability Law

Still More Benefits Proposed for First Responders: Expanded Rights to Disability Benefits

By David A. McCranie, Esq.

In order to claim "in-line-of-duty" disability benefits from the Florida Retirement System, participants must prove that they cannot render "useful and efficient service as an officer or employee" because of their injuries.  But under HB 697, filed on 2/3/2009, law enforcement officers, correctional officers, emergency medical technicians, paramedics, or community-based correctional probation officers would only need to prove that they are prevented by their injuries from performing "useful and efficient service in the position held" in order to claim entitlement to these benefits.  In other words, if they cannot perform their duties as a law enforcement officer, etc., they are considered "disabled" for purposes of entitlement to "in-line-of-duty" disability benefits even if they are otherwise employable.

In addition, the bill would permit any such "in-line-of-duty" disability recipient to become re-employed after 1 calendar month "without limiting or restricting in any way the retirement benefits payable to that person under this chapter" so long as he was not rehired in any Special Risk Class job.

Full post as published by Florida Workers’ Compensation Law Blog on February 09, 2009 (boomark / email).