| HOUSE AMENDMENT |
| Bill No. HB 1837 |
|
|
|
|
|
1
|
CHAMBER ACTION |
|
2
|
|
|
3
|
. |
|
4
|
. |
|
5
|
. |
|
6
|
|
|
7
|
|
|
8
|
|
|
9
|
|
|
10
|
|
|
11
|
|
|
12
|
Representative(s) Seiler, Gelber, Ross, Goodlette, Ritter, |
|
13
|
Brown, and Berfield offered the following: |
|
14
|
|
|
15
|
Amendment |
|
16
|
Remove line(s) 3054 through 3079, and insert: |
|
17
|
(b) Only A catastrophic injury as defined in s. 440.02(38) |
|
18
|
shall, in the absence of conclusive proof of a substantial |
|
19
|
earning capacity, constitute permanent total disability. In all |
|
20
|
other cases, no compensation shall be payable under paragraph |
|
21
|
(a) if the employee is engaged in, or is physically capable of |
|
22
|
engaging in, employment, including sedentary employment. In |
|
23
|
order to obtain permanent total disability benefits, the |
|
24
|
employee must establish that he or she is not able |
|
25
|
uninterruptedly to engage in any employment, including sedentary |
|
26
|
employment, within a 50-mile radius of the employee’s residence, |
|
27
|
due to his or her physical limitation. Such benefits shall be |
|
28
|
payable until the employee reaches age 75, notwithstanding any |
|
29
|
age limits. If the accident occurred on or after the employee |
|
30
|
reaches age 70, benefits shall be payable during the continuance |
|
31
|
of permanent total disability, not to exceed 5 years following |
|
32
|
the determination of permanent total disability.Only claimants |
|
33
|
with catastrophic injuries or claimants who are incapable of |
|
34
|
engaging in employment, as described in this paragraph,are |
|
35
|
eligible for permanent total benefits. In no other case may |
|
36
|
permanent total disability be awarded. |
|
37
|
|