HOUSE AMENDMENT
Bill No. HB 1837
   
1 CHAMBER ACTION
2
Senate House
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