Senate Bill 1166
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Florida Senate - 1999 SB 1166
By Senators Saunders and Latvala
25-142A-99
1 A bill to be entitled
2 An act relating to workers' compensation;
3 amending s. 440.15, F.S.; providing a method
4 for coordination of workers' compensation
5 benefits; providing that specific supplemental
6 payments are not workers' compensation
7 benefits; providing an effective date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Paragraph (f) of subsection (1) of section
12 440.15, Florida Statutes, 1998 Supplement, is amended, and
13 subsection (14) is added to that section, to read:
14 440.15 Compensation for disability.--Compensation for
15 disability shall be paid to the employee, subject to the
16 limits provided in s. 440.12(2), as follows:
17 (1) PERMANENT TOTAL DISABILITY.--
18 (f)1. If permanent total disability results from
19 injuries that occurred subsequent to June 30, 1955, and for
20 which the liability of the employer for compensation has not
21 been discharged under s. 440.20(11) s. 440.20(12), the injured
22 employee shall receive additional weekly compensation benefits
23 equal to 5 percent of her or his weekly compensation rate, as
24 established pursuant to the law in effect on the date of her
25 or his injury, multiplied by the number of calendar years
26 since the date of injury. The weekly compensation payable and
27 the additional benefits payable under this paragraph, when
28 combined, may not exceed the maximum weekly compensation rate
29 in effect at the time of payment as determined pursuant to s.
30 440.12(2). Entitlement to these supplemental payments shall
31 cease at age 62 if the employee is eligible for social
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Florida Senate - 1999 SB 1166
25-142A-99
1 security benefits under 42 U.S.C. s. ss. 402 or s. and 423,
2 whether or not the employee has applied for such benefits.
3 These supplemental benefits shall be paid by the division out
4 of the Workers' Compensation Administration Trust Fund when
5 the injury occurred subsequent to June 30, 1955, and before
6 July 1, 1984. These supplemental benefits shall be paid by the
7 employer when the injury occurred on or after July 1, 1984.
8 Supplemental benefits are not payable for any period prior to
9 October 1, 1974.
10 2.a. The division shall provide by rule for the
11 periodic reporting to the division of all earnings of any
12 nature and social security income by the injured employee
13 entitled to or claiming additional compensation under
14 subparagraph 1. Neither the division nor the employer or
15 carrier shall make any payment of those additional benefits
16 provided by subparagraph 1. for any period during which the
17 employee willfully fails or refuses to report upon request by
18 the division in the manner prescribed by such rules.
19 b. The division shall provide by rule for the periodic
20 reporting to the employer or carrier of all earnings of any
21 nature and social security income by the injured employee
22 entitled to or claiming benefits for permanent total
23 disability. The employer or carrier is not required to make
24 any payment of benefits for permanent total disability for any
25 period during which the employee willfully fails or refuses to
26 report upon request by the employer or carrier in the manner
27 prescribed by such rules or if any employee who is receiving
28 permanent total disability benefits refuses to apply for or
29 cooperate with the employer or carrier in applying for social
30 security benefits.
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Florida Senate - 1999 SB 1166
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1 3. When an injured employee receives a full or partial
2 lump-sum advance of the employee's permanent total disability
3 compensation benefits, the employee's benefits under this
4 paragraph shall be computed on the employee's weekly
5 compensation rate as reduced by the lump-sum advance.
6 (14) COORDINATION OF BENEFITS.--Unless otherwise
7 specifically provided by contract, workers' compensation
8 benefits that are otherwise payable under this chapter must be
9 reduced to the extent to which the combination of workers'
10 compensation benefits and social security benefits under 42
11 U.S.C. s. 402 or s. 423 and employer-funded benefits,
12 including retirement benefits, disability benefits, and any
13 other payment of wages by the employer during the period of
14 disability, provided to the employee and his or her dependents
15 exceeds 100 percent of the employee's average weekly wage at
16 the time of injury. A benefit is considered employer-funded
17 when the employer has contributed more than 50 percent of the
18 cost of the benefit. As used in this subsection, the term
19 "workers' compensation benefits" excludes supplemental
20 payments for permanent total disability pursuant to paragraph
21 (1)(f).
22 Section 2. This act shall take effect October 1, 1999.
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25 SENATE SUMMARY
26 Provides a method for reducing workers' compensation
benefits when coordinating them with other benefits
27 payable to an employee. Excludes specific supplemental
payments from workers' compensation benefits.
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