PGIT 411 Winter 2006 Cover

 

 
Vol. VI
Winter 2006
PGIT 411 Newsletter Winter 2006
 
Litigation Mitigation Header  

The First District Court Makes it Easier for Correctional Officers to Obtain Presumption Benefits
George A. Helm III, Esquire
Public Entity Legal Services

As most of you are aware, effective July 1, 2002 the Florida State Legislature added correctional officers to the protected classes of employees covered by Section 112.18, Florida Statutes, commonly referred to as The Heart and Lung Bill.  Since the presumption statute’s inception,  by this writer believed to be in approximately 1965, it has contained a pre-employment physical requirement.  Simply put, before July 1, 2002, in order to avail himself or herself of the benefits of section 112.18, Florida Statutes, the employee had to successfully pass a pre-employment physical examination which failed to reveal evidence of the heart disease, hypertension or tuberculosis.  In Cumbie v City of Milton, 496 So.2d 923 (Fla. 1st DCA 1986), the First District Court ruled when a fireman did not undergo a physical examination upon entering employment as a fireman, the fireman was not entitled to the benefit of the presumption.  In Milton, the court ruled: Read the entire article . . .


Workplace Violence: A Growing Problem
Mike Marinan
Director of Safety and Risk Management
Public Risk Underwriters

Workplace violence is a big subject and identification of the problems and potential solutions cannot be addressed adequately in a short article, so consider this as Part I in a series of articles addressing this growing and serious problem.

The General Duty Clause of the Occupational Safety and Health Act says that employers must provide employees with a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm.”  Workplace violence qualifies as such a recognized hazard. Read the entire article . . .

Special Feature:

TopTen List: Planning for Successful Recovery
David M. Shaprio
Davice M. Shapiro Disaster Planning and Recovery Consultants
Read entire article . . .

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The Jessica Lunsford Act And Its Impact On Florida School Districts
Mike Bowling, Attorney
Bell, Leeper & Roper, P.A.

Effective September 1, 2005, Florida Statute §1012.465 was amended in response to the assault and murder of Jessica Lunsford, a 9 year old Citrus County student.  She was killed  allegedly at the hands of a registered sex offender who was working as a subcontractor at her school.  Though the goals of this Act are laudable, the School Districts subject thereto have been provided limited guidance, and no financial support, to effect compliance therewith.  Further, there are certain inconsistencies with regard to the application of the Act. Read the entire article . . .

 

Town Of Palm Beach’s On-Site Employee Occupational Health Clinic
Michael Stephens

Safety and Risk Management Consultant
Public Risk Underwriters

One of the benefits of servicing our members is to share ideas, policies, and procedures that work and have proven to be rewarding. We want to take the opportunity to highlight the Town of Palm Beach and their risk management program.  According to Karen Temme, Risk Manager, the Town has operated their own Occupational Health Clinic for over 30 years, providing service for all of the employees of the Town of Palm Beach.  The clinic is staffed with a full time Registered Nurse with administrative support and a contracted doctor that is available for several hours per week.  This service is obviously of great benefit for the Town’s 400 employees, but it has also been an enormous benefit in Palm Beach’s efforts to control its health care and Workers’ Compensation costs. Read the entire article . . .

Attention Members: We want to hear from you . . .


As we conclude another hurricane season, it is with mixed emotions that I look back to 2004 and consider the impact of storms that affected Trust members then, versus 2005, which impacted fewer cities in Florida but devastated our neighboring states.  Each catastrophe brings with it new lessons to learn.  As a group, PGIT continues efforts to share resources, keep open lines of communication, and to provide members with strong and sound insurance options.
Read entire article . . .


Brown & Brown, Inc. Announces the Formation of Brown & Brown Public Entity Services®

DAYTONA BEACH and TAMPA, Fla., Nov. 14 /PRNewswire-FirstCall/ -- Jim W. Henderson, President and Chief Operating Officer of Brown & Brown, Inc. (NYSE: BRO), today announced the formation of a new reporting region within the Company. Brown & Brown Public Entity Services® will focus on providing insurance-related products and services to governmental and quasi-governmental entities nationwide. Already recognized as a leader in understanding and serving public entities’ insurance needs, the formation of this specialized region will allow Brown & Brown to provide additional assets for one of its fastest-growing market segments.Read entire article . . .

GALLAGHER ANNOUNCES $16,000 IN FRAUD REWARDS

Information helped stop at least $1 million in fraudulent insurance claims $16,000 in cash rewards has gone to five individuals, according to Tom Gallagher, Florida’s chief financial officer. The recipients, including a child, provided information that led fraud detectives with the Department of Financial Services to thwart more than $1 million in fraudulent insurance claims.Read entire article . . .

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