Florida Regulations 60R-1.00481: Medical Evidence
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(1) Competent medical evidence of impairment is required for a determination of disability retirement eligibility. Competent medical evidence of a lack of such impairment is required for termination of disability benefits under re-examination. The diagnosis standard is a reasonable medical probability.
(2) Competent medical evidence of recovery from disability upon reexamination by the Division is required for the Commission’s determination that disability benefits were properly terminated under s. 121.091(4)(h). Termination of benefits due to the member having secured employment while receiving disability retirement benefits may be supported by competent substantial evidence that the member was successfully reemployed and remained able to render useful and efficient service as an officer or employee as set forth in s. 121.091(4)(b).
(3) Competent medical evidence of an impairment, or lack thereof upon reexamination by the Division, requires testimony by a licensed physician, either at the hearing, or in a deposition, in which the member and the Division of Retirement had an opportunity to participate. The licensed physician must have either treated or examined the individual, and the scope of their professional training and experience must include the type of permanent disability diagnosed.
(4) In cases of eligibility for in line of duty disability benefits, competent medical evidence shall be required showing that an injury or illness, arising out of and in the actual performance required by the member’s employment, was the substantial producing cause or aggravating cause of the member’s total and permanent disability.
(5) Medical records alone shall be insufficient to support a finding of disability retirement eligibility or termination.
(6) Determinations of disability in proceedings before other tribunals are not binding on the Commission.
(7) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.
Rulemaking Authority Florida Statutes § 121.024(5). Law Implemented 120.569, 120.57(1), 121.091, 121.23 FS. History-New 9-30-93, Amended 10-6-99, 4-20-04, 8-25-21, 1-7-24.
Terms Used In Florida Regulations 60R-1.00481
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(3) Competent medical evidence of an impairment, or lack thereof upon reexamination by the Division, requires testimony by a licensed physician, either at the hearing, or in a deposition, in which the member and the Division of Retirement had an opportunity to participate. The licensed physician must have either treated or examined the individual, and the scope of their professional training and experience must include the type of permanent disability diagnosed.
(4) In cases of eligibility for in line of duty disability benefits, competent medical evidence shall be required showing that an injury or illness, arising out of and in the actual performance required by the member’s employment, was the substantial producing cause or aggravating cause of the member’s total and permanent disability.
(5) Medical records alone shall be insufficient to support a finding of disability retirement eligibility or termination.
(6) Determinations of disability in proceedings before other tribunals are not binding on the Commission.
(7) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.
Rulemaking Authority Florida Statutes § 121.024(5). Law Implemented 120.569, 120.57(1), 121.091, 121.23 FS. History-New 9-30-93, Amended 10-6-99, 4-20-04, 8-25-21, 1-7-24.