SENATE AMENDMENT
    Bill No. CS for CS for SB 1132
    Amendment No. ___   Barcode 301546
                            CHAMBER ACTION
              Senate                               House
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       05/01/2003 06:03 PM         .                    
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11  Senator Campbell moved the following amendment:
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13         Senate Amendment 
14         On page 123, line 20, through
15            page 124, line 6,  delete those lines
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17  and 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. In
21  all other cases, no compensation shall be payable under
22  paragraph (a) if the employee is engaged in, or is physically
23  capable of engaging in, employment, including sheltered
24  employment. In order to obtain permanent total disability
25  benefits, the employee must establish that he or she is not
26  able uninterruptedly to engage in any employment, including
27  part-time sedentary employment or available sheltered
28  employment within a 50-mile radius of the employee's
29  residence, due to his or her physical limitation. "Sheltered
30  employment" means work unavailable in the open labor market
31  that is offered to the employee or which is actually performed
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    4:30 PM   04/28/03                              s1132c2b-32m0a


                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 1132
    Amendment No. ___   Barcode 301546
 1  by the employee as offered by the employer in whose employment
 2  the injured worker was engaged at the time of the accident.
 3  Such benefits shall be payable until the employee reaches age
 4  70, notwithstanding any age limits. If the accident occurs on
 5  or after the day on which the employee reaches age 65,
 6  benefits shall be payable during the continuance of permanent
 7  total disability, not to exceed 5 years following the
 8  determination of permanent total disability.  Only claimants
 9  with catastrophic injuries or who are incapable of engaging in
10  employment, including sheltered employment as defined in this
11  paragraph, are eligible for permanent total benefits. In no
12  other case may permanent total disability be awarded.
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    4:30 PM   04/28/03                              s1132c2b-32m0a