October 1, 2021
https://www.news-journalonline.com/story/news/politics/2021/10/01/covid-19-protections-first-responders-aim-justin-white-bill/5837942001/ Port Orange Police Sgt. Justin White died on Aug. 5 after contracting COVID-19 as the delta variant raged across Volusia County. On behalf of their four children, White's widow Carlyn filed for death benefits through a workers' compensation claim with the city and its insurer, Preferred Governmental Claim Solutions of Lake Mary. Six days after his death, that claim was denied, as it could not be proven he contracted COVID-19 on the job. While Carlyn White has petitioned the Florida Office of Judges of Compensation Claims, the case represents a need to change the state's law to give first responders who are out of work or die from COVID-19 the presumption that they contracted it while on the job, said state Rep. Elizabeth Fetterhoff, R-DeLand. Fetterhoff has filed House Bill 117, which would flip the burden of proof. Instead of public safety or emergency rescue workers (or their families) having to prove they contracted COVID-19 on the job, it would be up to their employers to show they didn't get sick at work. "They're not being given the benefits that they should have gotten," Fetterhoff said. "They're coming in close contact with members of the public. (Emergency medical technicians), firefighters, law enforcement officers and correctional officers are often dealing with people who may be in prison or jail, who may be combative ... and they get exposed. "They need to be protected." Her bill has been assigned to the House Government Operations Subcommittee for review and has the endorsement of Jimmy Patronis, the state's CFO and fire marshal. There has yet to be a companion bill filed in the Senate, but the 2022 Legislative Session doesn't start until Jan. 11. David Cruz, legislative counsel for the Florida League of Cities, said he's "keeping a very close eye" on the bill, and trying to get feedback from members. Fetterhoff had earlier filed a bill that mirrored the state's already existing presumption for public safety and emergency response workers who contract infectious diseases such as meningitis and tuberculosis. But that law states that if a vaccine exists, the worker must be vaccinated in order to receive the on-the-job presumption. Fetterhoff said she withdrew her original bill in favor of the the new bill, which does not contain a vaccine requirement, because that was not her original intent. On the earlier bill, Fetterhoff had a Democratic co-author, Anika Omphroy, and another Democratic co-sponsor, Joseph Casello. Those two representatives are not part of House Bill 117 and did not return calls on Thursday. 'Protecting and serving' Carlyn White has worked with Fetterhoff on the bill despite her grief because she says it's an important matter. In an email to The News-Journal, White said she is grateful to Fetterhoff for taking up the cause. "My husband loved his community and fully dedicated his professional life to protecting and serving it," White wrote. "He had a passion for law enforcement and a vested interest in supporting his community. He strived to ensure that the city of Port Orange was safe since it is where we chose to live, work, raise our family, and planned to retire. "Unfortunately, in the course of protecting his family and his community, he contracted COVID-19 which ultimately took his life," White wrote. "He was a selfless person who dedicated his life to serving others. So, I am appreciative that my husband’s name is being used in this bill to help first responders since this bill signifies the life he lived." Port Orange City Attorney Matt Jones did respond to a request for comment, nor have officials from Preferred Governmental Claim Services, the city's Lake Mary-based insurer. Close contact with public Mike Scudiero, executive director of the Coastal Florida Police Benevolent Association, said emergency workers had the presumption after COVID-19 broke out in 2020. But Gov. Ron DeSantis' emergency order containing the protection expired on Dec. 31, 2020, and the Legislature didn't act on the matter during its two-month session in the spring. "The biggest thing to remember is any first responder, whether it's police, fire or medical, these people have no say as to who they come in contact with. They don't have the ability as you and I might have to work behind plexiglass in a crowded office, or from home," Scudiero said. "They have to go wherever a dispatcher sends them during any given shift." Scudiero's union represents police officers from Nassau County to Indian River County, including Daytona Beach, Holly Hill and Edgewater, "Out of our 1,700 members, we've had several die this year," Scudiero said. "That's heartbreaking. ... Your heart goes out to those families." An issue for many states At least 21 state legislatures are considering the same question as Florida; some have already allowed emergency workers the presumption, while bills have failed in at least five states in 2021, according to data compiled by the National Council on Compensation Insurance Inc. In Florida, there have been more than 52,000 COVID-19 workers' comp claims for all professions since the start of the pandemic. according to Florida Division of Workers' Compensation data . The delta variant's surge this summer was responsible for about 7,500 of those claims in July and August alone. About 17,000 claims have been closed, and employers have paid out about $52 million, for an average of $3,010. In Volusia County, 754 COVID-related claims have been made, topping $1.1 million in payouts. Flagler County had 103 such claims totaling about $160,000. Many governmental bodies — including cities, counties, schools, universities and the Department of Corrections, among them — employ public safety and emergency response workers. Cruz said his agency, the Florida League of Cities, administers the Florida Municipal Insurance Trust, an insurance pool for smaller cities. "FMIT was the first carrier to voluntarily provide the presumption to first responders with COVID. That is still the policy of FMIT," Cruz said. "However, FMIT is not the entire universe of insurers. The rate of COVID-related claims is higher for self-insured governmental bodies, as opposed to private employers. Of the 52,000 COVID-related claims, 23,000 have been made to self-insured governmental bodies, totaling $71.7 million. Some 5,400 COVID claims to government were denied, including the White family's claim. "It has been widely reported that COVID-19 is the leading cause of death of law enforcement officers. Our nation sees Florida as an example of what it looks like to not only say you support first responders but to show it," Carlyn White said. "So, if this bill is enacted, it will reflect Florida’s continued commitment to supporting their first responders and their appreciation for the sacrifices that they make day in and day out."