HOUSE AMENDMENT

                                                  Bill No. HB 1767

    Amendment No. 5 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Bainter offered the following:

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13         Amendment (with directory language and title

14  amendments) 

15         On page 9, between lines 30 & 31 of the bill

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17  insert:

18         (b)  Only a catastrophic injury as defined in s. 440.02

19  shall, in the absence of conclusive proof of a substantial

20  earning capacity, constitute permanent total disability. Only

21  claimants with catastrophic injuries may be are eligible for

22  permanent total benefits. A substantial earning capacity shall

23  be presumed if the claimant is able to earn the lesser of:

24         1.  The wages earned at the time of the injury, or

25         2.  The greater of $500 a month or the monthly amount

26  specified in title 20, part 404, section 1574(b)(2) of the

27  Code of Federal Regulations.

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29  In no other case may permanent total disability be awarded.

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    File original & 9 copies    04/21/99
    hin0002                     10:33 pm         01767-0025-933741




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1767

    Amendment No. 5 (for drafter's use only)





 1  == D I R E C T O R Y   L A N G U A G E   A M E N D M E N T ==

 2  And the directory language is amended as follows:

 3         On page 9, lines 25 & 26

 4  remove:  all of said lines

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 6  and insert in lieu thereof:

 7         Section 8.  Paragraphs (b) and (f) of subsection (1) of

 8  section 440.15, Florida Statutes, 1998 Supplement, are amended

 9  to read:

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12  ================ T I T L E   A M E N D M E N T ===============

13  And the title is amended as follows:

14         On page 1, line 24

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16  after the semicolon insert:

17         providing a presumption;

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    File original & 9 copies    04/21/99
    hin0002                     10:33 pm         01767-0025-933741