(2)
2. Any adverse result or complication caused by a smallpox vaccination of a first responder is deemed to be an injury by accident arising out of work performed in the course and scope of employment.
3. A mental or nervous injury involving a first responder and occurring as a manifestation of a compensable injury must be demonstrated by clear and convincing evidence. For a mental or nervous injury arising out of the employment unaccompanied by a physical injury involving a first responder, only medical benefits under s. 440.13 shall be payable for the mental or nervous injury. However, payment of indemnity as provided in s. 440.15 may not be made unless a physical injury arising out of injury as a first responder accompanies the mental or nervous injury. Benefits for a first responder are not subject to any limitation on temporary benefits under s. 440.093 or the 1-percent limitation on permanent psychiatric impairment benefits under s. 440.15(3)(c).
(4) For the purposes of this section, the term “occupational disease” means only a disease that arises out of employment as a first responder and is due to causes and conditions that are characteristic of and peculiar to a particular trade, occupation, process, or employment and excludes all ordinary diseases of life to which the general public is exposed, unless the incidence of the disease is substantially higher in the particular trade, occupation, process, or employment than for the general public.
(5)
2. The first responder is examined and subsequently diagnosed with such disorder by a licensed psychiatrist, in person or through telehealth as that term is defined in s. 456.47, who is an authorized treating physician as provided in chapter 440 due to one of the following events:
b. Directly witnessing the death of a minor;
c. Directly witnessing an injury to a minor who subsequently died before or upon arrival at a hospital emergency department;
d. Participating in the physical treatment of an injured minor who subsequently died before or upon arrival at a hospital emergency department;
e. Manually transporting an injured minor who subsequently died before or upon arrival at a hospital emergency department;
f. Seeing for oneself a decedent whose death involved grievous bodily harm of a nature that shocks the conscience;
g. Directly witnessing a death, including suicide, that involved grievous bodily harm of a nature that shocks the conscience;
h. Directly witnessing a homicide regardless of whether the homicide was criminal or excusable, including murder, mass killing as defined in 28 U.S.C. s. 530C, manslaughter, self-defense, misadventure, and negligence;
i. Directly witnessing an injury, including an attempted suicide, to a person who subsequently died before or upon arrival at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience;
j. Participating in the physical treatment of an injury, including an attempted suicide, to a person who subsequently died before or upon arrival at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience; or
k. Manually transporting a person who was injured, including by attempted suicide, and subsequently died before or upon arrival at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience.
(c) Benefits for a first responder under this subsection:
2. Are not subject to:
b. Any limitation on temporary benefits under s. 440.093; or
c. The 1-percent limitation on permanent psychiatric impairment benefits under s. 440.15(3).
(e) As used in this subsection, the term:
2. “Manually transporting” means to perform physical labor to move the body of a wounded person for his or her safety or medical treatment.
3. “Minor” has the same meaning as in s. 1.01(13).
(7) An individual who is certified as a first responder and has a physical disability resulting from an amputation may continue to serve as a first responder if he or she meets the first responder certification requirements without an accommodation.
