HOUSE AMENDMENT Bill No. HB 25A
1	CHAMBER ACTION
2	Senate House
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12	Representative Goodlette offered the following:
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14	Amendment to Unengrossed Amendment to SB 50A
15	Remove line(s) 3120-3194, and insert (supercedes
16	unengrossed amendments 17 and 18):
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18	employee during the continuance of such total disability. No
19	compensation shall be payable under this section if the employee
20	is engaged in, or is physically capable of engaging in, at least
21	sedentary employment.
22	(b) In the following cases, an injured employee is
23	presumed to be permanently and totally disabled unless the
24	employer or carrier establishes that the employee is physically
25	capable of engaging in at least sedentary employment within a
26	50-mile radius of the employee’s residence:
27	1. Spinal cord injury involving severe paralysis of an
28	arm, a leg, or the trunk;
29	2. Amputation of an arm, a hand, a foot, or a leg
30	involving the effective loss of use of that appendage;
31	3. Severe brain or closed-head injury as evidenced by:
32	a. Severe sensory or motor disturbances;
33	b. Severe communication disturbances;
34	c. Severe complex integrated disturbances of cerebral
35	function;
36	d. Severe episodic neurological disorders; or
37	e. Other severe brain and closed-head injury conditions at
38	least as severe in nature as any condition provided in sub-
39	subparagraphs a.-d.;
40	4. Second-degree or third-degree burns of 25 percent or
41	more of the total body surface or third-degree burns of 5
42	percent or more to the face and hands; or
43	5. Total or industrial blindness.
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45	In all other cases, in order to obtain permanent total
46	disability benefits, the employee must establish that he or she
47	is not able to engage in at least sedentary employment, within a
48	50-mile radius of the employee's residence, due to his or her
49	physical limitation. Entitlement to such benefits shall cease
50	when the employee reaches age 75, unless the employee is not
51	eligible for social security benefits under 42 U.S.C. s. 402 or
52	s. 423 because the employee’s compensable injury has prevented
53	the employee from working sufficient quarters to be eligible for
54	such benefits, notwithstanding any age limits. If the accident
55	occurred on or after the employee reaches age 70, benefits shall
56	be payable during the continuance of permanent total disability,
57	not to exceed 5 years following the determination of permanent
58	total disability.Only a catastrophic injury as defined in s.
59	440.02 shall, in the absence of conclusive proof of a
60	substantial earning capacity, constitute permanent total
61	disability. Only claimants with catastrophic injuries or
62	claimants who are incapable of engaging in employment, as
63	described in this paragraph,are eligible for permanent total
64	benefits. In no other case may permanent total disability be
65	awarded.
66	(c) In cases of permanent total disability resulting from
67	injuries that occurred prior to July 1, 1955, such payments
68	shall not be made in excess of 700 weeks.
69	(d) If an employee who is being paid compensation for
70	permanent total disability becomes rehabilitated to the extent
71	that she or he establishes an earning capacity, the employee
72	shall be paid, instead of the compensation provided in paragraph
73	(a), benefits pursuant to subsection (3). The department shall
74	adopt rules to enable a permanently and totally disabled
75	employee who may have reestablished an earning capacity to
76	undertake a trial period of reemployment without prejudicing her
77	or his return to permanent total status in the case that such
78	employee is unable to sustain an earning capacity.
79	(e)1. The employer's or carrier's right to conduct
80	vocational evaluations or testing by the employer's or carrier's
81	chosen rehabilitation advisor or providerpursuant to s. 440.491
82	continues even after the employee has been accepted or
83	adjudicated as entitled to compensation under this chapter and
84	costs for such evaluations and testing shall be borne by the
85	employer or carrier, respectively. This right includes, but is
86	not limited to, instances in which such evaluations or tests are
87	recommended by a treating physician or independent medical-
88	examination physician, instances warranted by a change in the
89	employee's medical condition, or instances in which the employee
90	appears to be making appropriate progress in recuperation. This
91	right may not be exercised more than once every calendar year.
92	2. The carrier must confirm the scheduling of the
93	vocational evaluation or testing in writing, and must notify the
94	employee and theemployee's counsel, if any, at least 7 days
95	before the date on which vocational evaluation or testing is
96	scheduled to occur.
97	3. Pursuant to an order of the judge of compensation
98	claims,The employer or carrier may withhold payment of benefits
99	for permanent total disability or supplements for any period
100	during which the employee willfully fails or refuses to appear
101	without good cause for the scheduled vocational evaluation or
102	testing.
103	(f)1. If permanent total disability results from injuries
104	that occurred subsequent to June 30, 1955, and for which the
105	liability of the employer for compensation has not been
106	discharged under s. 440.20(11), the injured employee shall
107	receive additional weekly compensation benefits equal to 35
108	percent of her or his weekly compensation rate, as established
109	pursuant to the law in effect on the date of her or his injury,
110	multiplied by the number of calendar years since the date of
111	injury. The weekly compensation payable and the additional
112	benefits payable under this paragraph, when combined, may not
113	exceed the maximum weekly compensation rate in effect at the
114	time of payment as determined pursuant to s. 440.12(2).
115	Entitlement to These supplemental payments shall not be paid or
116	payable after the employee attainscease at age 62, regardless
117	of whetherif the employee has applied for or is eligible to
118	applyis eligible for social security benefits under 42 U.S.C.
119	s.ss. 402 or s.and 423, unless the employee is not eligible
120	for social security benefits under 42 U.S.C. s. 402 or s. 423
121	because the employee’s compensable injury has prevented the
122	employee from working sufficient quarters to be eligible for
123	such benefitswhether or not the employee has applied for