Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 460
       
       
       
       
       
       
                                Barcode 110072                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/10/2012           .                                
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       The Committee on Children, Families, and Elder Affairs (Detert)
       recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 754 - 808
    4  and insert:
    5         (6) EMPLOYER KNOWLEDGE, EFFECT ON REIMBURSEMENT.—
    6         (a) Reimbursement is not allowed under this section unless
    7  it is established that the employer knew of the preexisting
    8  permanent physical impairment prior to the occurrence of the
    9  subsequent injury or occupational disease, and that the
   10  permanent physical impairment is one of the following:
   11         1. Epilepsy.
   12         2. Diabetes.
   13         3. Cardiac disease.
   14         4. Amputation of foot, leg, arm, or hand.
   15         5. Total loss of sight of one or both eyes or a partial
   16  loss of corrected vision of more than 75 percent bilaterally.
   17         6. Residual disability from poliomyelitis.
   18         7. Cerebral palsy.
   19         8. Multiple sclerosis.
   20         9. Parkinson’s disease.
   21         10. Meniscectomy.
   22         11. Patellectomy.
   23         12. Ruptured cruciate ligament.
   24         13. Hemophilia.
   25         14. Chronic osteomyelitis.
   26         15. Surgical or spontaneous fusion of a major weight
   27  bearing joint.
   28         16. Hyperinsulinism.
   29         17. Muscular dystrophy.
   30         18. Thrombophlebitis.
   31         19. Herniated intervertebral disk.
   32         20. Surgical removal of an intervertebral disk or spinal
   33  fusion.
   34         21. One or more back injuries or a disease process of the
   35  back resulting in disability over a total of 120 or more days,
   36  if substantiated by a doctor’s opinion that there was a
   37  preexisting impairment to the claimant’s back.
   38         22. Total deafness.
   39         23. Intellectual disability if Mental retardation, provided
   40  the employee’s intelligence quotient is such that she or he
   41  falls within the lowest 2 percentile of the general population.
   42  However, it shall not be necessary for the employer does not
   43  need to know the employee’s actual intelligence quotient or
   44  actual relative ranking in relation to the intelligence quotient
   45  of the general population.
   46         24. Any permanent physical condition that which, prior to
   47  the industrial accident or occupational disease, constitutes a
   48  20 percent 20-percent impairment of a member or of the body as a
   49  whole.
   50         25. Obesity if, provided the employee is 30 percent or more
   51  over the average weight designated for her or his height and age
   52  in the Table of Average Weight of Americans by Height and Age
   53  prepared by the Society of Actuaries using data from the 1979
   54  Build and Blood Pressure Study.
   55         26. Any permanent physical impairment as provided defined
   56  in s. 440.15(3) which is a result of a prior industrial accident
   57  with the same employer or the employer’s parent company,
   58  subsidiary, sister company, or affiliate located within the
   59  geographical boundaries of this state.
   60