Senate Bill 1092

    Florida Senate - 1998                                  SB 1092

    By Senator Latvala





    19-750A-98

  1                      A bill to be entitled

  2         An act relating to workers' compensation;

  3         amending s. 440.15, F.S.; providing a method

  4         for calculating workers' compensation benefits

  5         based on the aggregate amount of those benefits

  6         and other specified benefits payable to the

  7         employee; providing that certain supplemental

  8         payments are not workers' compensation

  9         benefits; providing an effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Subsection (14) is added to section 440.15,

14  Florida Statutes, to read:

15         440.15  Compensation for disability.--Compensation for

16  disability shall be paid to the employee, subject to the

17  limits provided in s. 440.12(2), as follows:

18         (14)  COORDINATION OF BENEFITS.--

19         (a)  Workers' compensation benefits that are otherwise

20  payable under this chapter must be reduced to the extent that

21  the combination of workers' compensation benefits, social

22  security benefits under 42 U.S.C. ss. 402 and 423, and

23  employer-funded benefits provided to the employee and his or

24  her dependents exceeds 100 percent of the employee's average

25  weekly wage at the time of injury.

26         (b)  As used in this subsection, the term:

27         1.  "Employer-funded benefits" includes those benefits

28  for which the employer has contributed more than 50 percent of

29  the cost of the benefits, and includes retirement benefits,

30  disability benefits, and any other payment of wages or medical

31  expenses by the employer during the period of disability; and

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1092
    19-750A-98




  1         2.  "Workers' compensation benefits" excludes

  2  supplemental payments for permanent total disability pursuant

  3  to s. 440.15(1)(f).

  4         Section 2.  This act shall take effect October 1, 1998.

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  7                          SENATE SUMMARY

  8    Provides for a reduction in workers' compensation
      benefits when the total amount of those benefits plus
  9    certain other benefits payable to the employee exceeds a
      specified maximum. Excludes certain supplemental payments
10    from workers' compensation benefits.

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