HOUSE AMENDMENT |
Bill No. HB 1837 |
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CHAMBER ACTION |
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Representative(s) Seiler, Gelber, Ross, Goodlette, Ritter, |
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Brown, and Berfield offered the following: |
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Amendment |
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Remove line(s) 3054 through 3079, and insert: |
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(b) Only A catastrophic injury as defined in s. 440.02(38) |
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shall, in the absence of conclusive proof of a substantial |
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earning capacity, constitute permanent total disability. In all |
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other cases, no compensation shall be payable under paragraph |
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(a) if the employee is engaged in, or is physically capable of |
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engaging in, employment, including sedentary employment. In |
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order to obtain permanent total disability benefits, the |
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employee must establish that he or she is not able |
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uninterruptedly to engage in any employment, including sedentary |
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employment, within a 50-mile radius of the employee’s residence, |
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due to his or her physical limitation. Such benefits shall be |
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payable until the employee reaches age 75, notwithstanding any |
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age limits. If the accident occurred on or after the employee |
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reaches age 70, benefits shall be payable during the continuance |
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of permanent total disability, not to exceed 5 years following |
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the determination of permanent total disability.Only claimants |
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with catastrophic injuries or claimants who are incapable of |
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engaging in employment, as described in this paragraph,are |
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eligible for permanent total benefits. In no other case may |
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permanent total disability be awarded. |
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