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) 3130-3194, and insert:
16	residence, due to his or her physical limitation.
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18	Entitlement to such benefits shall cease when the employee
19	reaches age 75, unless the employee is not eligible for social
20	security benefits under 42 U.S.C. s. 402 or s. 423 because the
21	employee’s compensable injury has prevented the employee from
22	working sufficient quarters to be eligible for such benefits,
23	notwithstanding any age limits. If the accident occurred on or
24	after the employee reaches age 70, benefits shall be payable
25	during the continuance of permanent total disability, not to
26	exceed 5 years following the determination of permanent total
27	disability. Only claimants with catastrophic injuries or
28	claimants who are incapable of engaging in employment, as
29	described in this paragraph,are eligible for permanent total
30	benefits. In no other case may permanent total disability be
31	awarded.
32	(c) In cases of permanent total disability resulting from
33	injuries that occurred prior to July 1, 1955, such payments
34	shall not be made in excess of 700 weeks.
35	(d) If an employee who is being paid compensation for
36	permanent total disability becomes rehabilitated to the extent
37	that she or he establishes an earning capacity, the employee
38	shall be paid, instead of the compensation provided in paragraph
39	(a), benefits pursuant to subsection (3). The department shall
40	adopt rules to enable a permanently and totally disabled
41	employee who may have reestablished an earning capacity to
42	undertake a trial period of reemployment without prejudicing her
43	or his return to permanent total status in the case that such
44	employee is unable to sustain an earning capacity.
45	(e)1. The employer's or carrier's right to conduct
46	vocational evaluations or testing by the employer's or carrier's
47	chosen rehabilitation advisor or providerpursuant to s. 440.491
48	continues even after the employee has been accepted or
49	adjudicated as entitled to compensation under this chapter and
50	costs for such evaluations and testing shall be borne by the
51	employer or carrier, respectively. This right includes, but is
52	not limited to, instances in which such evaluations or tests are
53	recommended by a treating physician or independent medical-
54	examination physician, instances warranted by a change in the
55	employee's medical condition, or instances in which the employee
56	appears to be making appropriate progress in recuperation. This
57	right may not be exercised more than once every calendar year.
58	2. The carrier must confirm the scheduling of the
59	vocational evaluation or testing in writing, and must notify the
60	employee and theemployee's counsel, if any, at least 7 days
61	before the date on which vocational evaluation or testing is
62	scheduled to occur.
63	3. Pursuant to an order of the judge of compensation
64	claims,The employer or carrier may withhold payment of benefits
65	for permanent total disability or supplements for any period
66	during which the employee willfully fails or refuses to appear
67	without good cause for the scheduled vocational evaluation or
68	testing.
69	(f)1. If permanent total disability results from injuries
70	that occurred subsequent to June 30, 1955, and for which the
71	liability of the employer for compensation has not been
72	discharged under s. 440.20(11), the injured employee shall
73	receive additional weekly compensation benefits equal to 35
74	percent of her or his weekly compensation rate, as established
75	pursuant to the law in effect on the date of her or his injury,
76	multiplied by the number of calendar years since the date of
77	injury. The weekly compensation payable and the additional
78	benefits payable under this paragraph, when combined, may not
79	exceed the maximum weekly compensation rate in effect at the
80	time of payment as determined pursuant to s. 440.12(2).
81	Entitlement to These supplemental payments shall not be paid or
82	payable after the employee attainscease at age 62, regardless
83	of whetherif the employee has applied for or is eligible to
84	applyis eligible for social security benefits under 42 U.S.C.
85	s.ss. 402 or s.and 423, unless the employee is not eligible
86	for social security benefits under 42 U.S.C. s. 402 or s. 423
87	because the employee’s compensable injury has prevented the
88	employee from working sufficient quarters to be eligible for
89	such benefitswhether or not the employee has applied for
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