HB 0091B 2003
1	A bill to be entitled
2	An act relating to workers' compensation; amending s.
3	440.15, F.S.; providing additional limitations on
4	compensation for permanent total disability; providing for
5	construction of the act; providing an effective date.
6
7	Be It Enacted by the Legislature of the State of Florida:
8
9	Section 1. Paragraphs (a), (b), and (e) of subsection (1)
10	of section 440.15, Florida Statutes, are amended to read:
11	440.15 Compensation for disability.--Compensation for
12	disability shall be paid to the employee, subject to the limits
13	provided in s. 440.12(2), as follows:
14	(1) PERMANENT TOTAL DISABILITY.--
15	(a) In case of total disability adjudged to be permanent,
16	662/3 percent of the average weekly wages shall be paid to the
17	employee during the continuance of such total disability. No
18	compensation shall be payable under this section if the employee
19	is engaged in, or is physically capable of engaging in, at least
20	uninterruptedly sedentary employment.
21	(b) In the following cases, an injured employee is
22	presumed to be permanently and totally disabled unless the
23	employer or carrier establishes that the employee is physically
24	capable of engaging in at least uninterruptedly sedentary
25	employment within a 50-mile radius of the employee's residence:
26	1. Spinal cord injury involving severe paralysis of an
27	arm, a leg, or the trunk;
28	2. Amputation of an arm, a hand, a foot, or a leg
29	involving the effective loss of use of that appendage;
30	3. Severe brain or closed-head injury as evidenced by:
31	a. Severe sensory or motor disturbances;
32	b. Severe communication disturbances;
33	c. Severe complex integrated disturbances of cerebral
34	function;
35	d. Severe episodic neurological disorders; or
36	e. Other severe brain and closed-head injury conditions at
37	least as severe in nature as any condition provided in sub-
38	subparagraphs a.-d.;
39	4. Second-degree or third-degree burns of 25 percent more
40	of the total body surface or third-degree burns of 5 percent or
41	more to the face and hands; or
42	5. Total or industrial blindness.
43
44	In all other cases, in order to obtain permanent total
45	disability benefits, the employee must establish that he or she
46	is not able to engage in at least uninterruptedly sedentary
47	employment, within a 50-mile radius of the employee's residence,
48	due to his or her physical limitation. Entitlement to such
49	benefits shall cease when the employee reaches age 75, unless
50	the employee is not eligible for social security benefits under
51	42 U.S.C. s. 402 or s. 423 because the employee's compensable
52	injury has prevented the employee from working sufficient
53	quarters to be eligible for such benefits, notwithstanding any
54	age limits. If the accident occurred on or after the employee
55	reaches age 70, benefits shall be payable during the continuance
56	of permanent total disability, not to exceed 5 years following
57	the determination ofOnly a catastrophic injury as defined in s.
58	440.02 shall, in the absence of conclusive proof of a
59	substantial earning capacity, constitute permanent total
60	disability. Only claimants with catastrophic injuries or
61	claimants who are incapable of engaging in employment, as
62	described in this paragraph,are eligible for permanent total
63	benefits. In no other case may permanent total disability be
64	awarded.
65	(e)1. The employer's or carrier's right to conduct
66	vocational evaluations or testing by the employer's or carrier's
67	chosen rehabilitation advisor or providerpursuant to s. 440.491
68	continues even after the employee has been accepted or
69	adjudicated as entitled to compensation under this chapter and
70	costs for such evaluations and testing shall be borne by the
71	employer or carrier, respectively. This right includes, but is
72	not limited to, instances in which such evaluations or tests are
73	recommended by a treating physician or independent medical-
74	examination physician, instances warranted by a change in the
75	employee's medical condition, or instances in which the employee
76	appears to be making appropriate progress in recuperation. This
77	right may not be exercised more than once every calendar year.
78	2. The carrier must confirm the scheduling of the
79	vocational evaluation or testing in writing, and must notify the
80	employee and theemployee's counsel, if any, at least 7 days
81	before the date on which vocational evaluation or testing is
82	scheduled to occur.
83	3. Pursuant to an order of the judge of compensation
84	claims, the employer or carrier may withhold payment of benefits
85	for permanent total disability or supplements for any period
86	during which the employee willfully fails or refuses to appear
87	without good cause for the scheduled vocational evaluation or
88	testing.
89	Section 2. The amendments to paragraphs (a), (b), and (e)
90	of subsection (1) of section 440.15, Florida Statutes, contained
91	in this act shall prevail over any conflicting amendments to
92	that section contained in Senate Bill 50-A, 2003 Special Session
93	A.
94	Section 3. This act shall take effect upon becoming a law.