SENATE AMENDMENT
Bill No. HB 1837, 2nd Eng.
Amendment No. ___ Barcode 921224
CHAMBER ACTION
Senate House
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11 Senator Wasserman Schultz moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Lines 3322-3409, delete those lines
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17 (g)(b) Supplemental benefits.--
18 1. All supplemental benefits must be paid in
19 accordance with this subsection. An employee is entitled to
20 supplemental benefits as provided in this paragraph as of the
21 expiration of the impairment period, if:
22 a. The employee has an impairment rating from the
23 compensable injury of 20 percent or more as determined
24 pursuant to this chapter;
25 b. The employee has not returned to work or has
26 returned to work earning less than 80 percent of the
27 employee's average weekly wage as a direct result of the
28 employee's impairment; and
29 c. The employee has in good faith attempted to obtain
30 employment commensurate with the employee's ability to work.
31 2. If an employee is not entitled to supplemental
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SENATE AMENDMENT
Bill No. HB 1837, 2nd Eng.
Amendment No. ___ Barcode 921224
1 benefits at the time of payment of the final weekly impairment
2 income benefit because the employee is earning at least 80
3 percent of the employee's average weekly wage, the employee
4 may become entitled to supplemental benefits at any time
5 within 1 year after the impairment income benefit period ends
6 if:
7 a. The employee earns wages that are less than 80
8 percent of the employee's average weekly wage for a period of
9 at least 90 days;
10 b. The employee meets the other requirements of
11 subparagraph 1.; and
12 c. The employee's decrease in earnings is a direct
13 result of the employee's impairment from the compensable
14 injury.
15 3. If an employee earns wages that are at least 80
16 percent of the employee's average weekly wage for a period of
17 at least 90 days during which the employee is receiving
18 supplemental benefits, the employee ceases to be entitled to
19 supplemental benefits for the filing period. Supplemental
20 benefits that have been terminated shall be reinstated when
21 the employee satisfies the conditions enumerated in
22 subparagraph 2. and files the statement required under
23 subparagraph 4. Notwithstanding any other provision, if an
24 employee is not entitled to supplemental benefits for 12
25 consecutive months, the employee ceases to be entitled to any
26 additional income benefits for the compensable injury. If the
27 employee is discharged within 12 months after losing
28 entitlement under this subsection, benefits may be reinstated
29 if the employee was discharged at that time with the intent to
30 deprive the employee of supplemental benefits.
31 4. After the initial determination of supplemental
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SENATE AMENDMENT
Bill No. HB 1837, 2nd Eng.
Amendment No. ___ Barcode 921224
1 benefits, the employee must file a statement with the carrier
2 stating that the employee has earned less than 80 percent of
3 the employee's average weekly wage as a direct result of the
4 employee's impairment, stating the amount of wages the
5 employee earned in the filing period, and stating that the
6 employee has in good faith sought employment commensurate with
7 the employee's ability to work. The statement must be filed
8 quarterly on a form and in the manner prescribed by the
9 department. The department may modify the filing period as
10 appropriate to an individual case. Failure to file a statement
11 relieves the carrier of liability for supplemental benefits
12 for the period during which a statement is not filed.
13 5. The carrier shall begin payment of supplemental
14 benefits not later than the seventh day after the expiration
15 date of the impairment income benefit period and shall
16 continue to timely pay those benefits. The carrier may request
17 a mediation conference for the purpose of contesting the
18 employee's entitlement to or the amount of supplemental income
19 benefits.
20 6. Supplemental benefits are calculated quarterly and
21 paid monthly. For purposes of calculating supplemental
22 benefits, 80 percent of the employee's average weekly wage and
23 the average wages the employee has earned per week are
24 compared quarterly. For purposes of this paragraph, if the
25 employee is offered a bona fide position of employment that
26 the employee is capable of performing, given the physical
27 condition of the employee and the geographic accessibility of
28 the position, the employee's weekly wages are considered
29 equivalent to the weekly wages for the position offered to the
30 employee.
31 7. Supplemental benefits are payable at the rate of 80
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SENATE AMENDMENT
Bill No. HB 1837, 2nd Eng.
Amendment No. ___ Barcode 921224
1 percent of the difference between 80 percent of the employee's
2 average weekly wage determined pursuant to s. 440.14 and the
3 weekly wages the employee has earned during the reporting
4 period, not to exceed the maximum weekly income benefit under
5 s. 440.12.
6 8. The department may by rule define terms that are
7 necessary for the administration of this section and forms and
8 procedures governing the method of payment of supplemental
9 benefits for dates of accidents before January 1, 1994, and
10 for dates of accidents on or after January 1, 1994.
11 (h)(c) Duration of temporary impairment and
12 supplemental income benefits.--The employee's eligibility for
13 temporary benefits, impairment income benefits, and
14 supplemental benefits terminates on the expiration of 401
15 weeks after the date of injury.
16 (i) Notwithstanding paragraph (c), for accidents
17 occurring
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21 And the title is amended as follows:
22 Lines 53-54, delete those lines
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24 and insert:
25 circumstances; amending s. 440.151, F.S.;
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