HOUSE AMENDMENT
                                               Bill No. CS/HB 1927
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Brutus offered the following:
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13         Amendment 
14         On page 17, line 27 through page 18, line 12,
15  remove from the bill:  all of said lines
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17  and insert in lieu thereof:  (b)  A catastrophic injury as
18  defined in s. 440.02 shall, in the absence of conclusive proof
19  of a substantial earning capacity, constitute permanent total
20  disability.  Permanent total disability shall be determined
21  based upon the facts in all other cases.  Compensation shall
22  be payable uner this subsection if the employee has no
23  substantial earning capacity.  An employee has no substantial
24  earning capacity if the employee is unable to work
25  uninterruptedly, either on a full-time or part-time basis,
26  including sedentary work, within a reasonable radius of the
27  employee's residence.  Only claimants with catastrophic
28  injuries are eligible for permanent total benefits.  In no
29  other case may permanent total disability be awarded.
30         (d)  If an employee who is being paid compensation for
31  permanent total disability becomes rehabilitated to the extent
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    File original & 9 copies    04/26/01                          
    hmo0006                     08:04 am         01927-0108-240413

HOUSE AMENDMENT Bill No. CS/HB 1927 Amendment No. ___ (for drafter's use only) 1 that she or he establishes a substantial earning capacity, the 2 employee shall be paid, instead of the compensation provided 3 in paragraph (a), benefits pursuant to subsection (3). The 4 division shall adopt rules to enable a permanently and totally 5 disabled employee who may have reestablished a substantial 6 earning capacity to undertake a trial period of reemployment 7 without prejudicing her or his return to permanent total 8 status in the case that such employee is unable to sustain a 9 substantial earning capacity. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2 File original & 9 copies 04/26/01 hmo0006 08:04 am 01927-0108-240413