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
15	Remove line(s) 3120-3140, and insert:
16	employee disabilityduring the continuance of such total
17	disability. No compensation shall be payable under this section
18	if the employee is engaged in, or is physically capable of
19	engaging in, at least sedentary employment.
20	(b) In the following cases, an injured employee is
21	presumed to be permanently and totally disabled unless the
22	employer or carrier establishes that the employee is physically
23	capable of engaging in at least sedentary employment within a
24	50-mile radius of the employee’s residence:
25	1. Spinal cord injury involving severe paralysis of an
26	arm, a leg, or the trunk;
27	2. Amputation of an arm, a hand, a foot, or a leg
28	involving the effective loss of use of that appendage;
29	3. Severe brain or closed-head injury as evidenced by:
30	a. Severe sensory or motor disturbances;
31	b. Severe communication disturbances;
32	c. Severe complex integrated disturbances of cerebral
33	function;
34	d. Severe episodic neurological disorders; or
35	e. Other severe brain and closed-head injury conditions at
36	least as severe in nature as any condition provided in sub-
37	subparagraphs a.-d.;
38	4. Second-degree or third-degree burns of 25 percent or
39	more of the total body surface or third-degree burns of 5
40	percent or more to the face and hands; or
41	5. Total or industrial blindness.
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43	In all other cases, in order to obtain permanent total
44	disability benefits, the employee must establish that he or she
45	is not able to engage in at least sedentary employment, within a
46	50-mile radius of the employee's residence, due to his or her
47	physical limitation. Such benefits shall be payable until the
48	employee reaches age 75, notwithstanding any age limits. If the
49	accident occurred on or after the employee reaches age 70,
50	benefits shall be payable during the continuance of permanent
51	total disability, not to exceed 5 years following the
52	determination of permanent total disability.Only a catastrophic
53	injury as defined in s. 440.02 shall, in the absence of
54	conclusive proof of a substantial earning capacity, constitute
55	permanent total disability. Only claimants with catastrophic
56	injuries are eligible for permanent total benefits. In no other
57	case may permanent total disability be awarded.