SENATE AMENDMENT
    Bill No. HB 1837, 2nd Eng.
    Amendment No. ___   Barcode 921224
                            CHAMBER ACTION
              Senate                               House
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       05/01/2003 05:57 PM         .                    
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11  Senator Wasserman Schultz moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Lines 3322-3409, delete those lines
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16  and insert:  
17         (g)(b)  Supplemental benefits.--
18         1.  All supplemental benefits must be paid in
19  accordance with this subsection. An employee is entitled to
20  supplemental benefits as provided in this paragraph as of the
21  expiration of the impairment period, if:
22         a.  The employee has an impairment rating from the
23  compensable injury of 20 percent or more as determined
24  pursuant to this chapter;
25         b.  The employee has not returned to work or has
26  returned to work earning less than 80 percent of the
27  employee's average weekly wage as a direct result of the
28  employee's impairment; and
29         c.  The employee has in good faith attempted to obtain
30  employment commensurate with the employee's ability to work.
31         2.  If an employee is not entitled to supplemental
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    3:42 PM   04/30/03                                h1837c-34m0b

SENATE AMENDMENT Bill No. HB 1837, 2nd Eng. Amendment No. ___ Barcode 921224 1 benefits at the time of payment of the final weekly impairment 2 income benefit because the employee is earning at least 80 3 percent of the employee's average weekly wage, the employee 4 may become entitled to supplemental benefits at any time 5 within 1 year after the impairment income benefit period ends 6 if: 7 a. The employee earns wages that are less than 80 8 percent of the employee's average weekly wage for a period of 9 at least 90 days; 10 b. The employee meets the other requirements of 11 subparagraph 1.; and 12 c. The employee's decrease in earnings is a direct 13 result of the employee's impairment from the compensable 14 injury. 15 3. If an employee earns wages that are at least 80 16 percent of the employee's average weekly wage for a period of 17 at least 90 days during which the employee is receiving 18 supplemental benefits, the employee ceases to be entitled to 19 supplemental benefits for the filing period. Supplemental 20 benefits that have been terminated shall be reinstated when 21 the employee satisfies the conditions enumerated in 22 subparagraph 2. and files the statement required under 23 subparagraph 4. Notwithstanding any other provision, if an 24 employee is not entitled to supplemental benefits for 12 25 consecutive months, the employee ceases to be entitled to any 26 additional income benefits for the compensable injury. If the 27 employee is discharged within 12 months after losing 28 entitlement under this subsection, benefits may be reinstated 29 if the employee was discharged at that time with the intent to 30 deprive the employee of supplemental benefits. 31 4. After the initial determination of supplemental 2 3:42 PM 04/30/03 h1837c-34m0b
SENATE AMENDMENT Bill No. HB 1837, 2nd Eng. Amendment No. ___ Barcode 921224 1 benefits, the employee must file a statement with the carrier 2 stating that the employee has earned less than 80 percent of 3 the employee's average weekly wage as a direct result of the 4 employee's impairment, stating the amount of wages the 5 employee earned in the filing period, and stating that the 6 employee has in good faith sought employment commensurate with 7 the employee's ability to work. The statement must be filed 8 quarterly on a form and in the manner prescribed by the 9 department. The department may modify the filing period as 10 appropriate to an individual case. Failure to file a statement 11 relieves the carrier of liability for supplemental benefits 12 for the period during which a statement is not filed. 13 5. The carrier shall begin payment of supplemental 14 benefits not later than the seventh day after the expiration 15 date of the impairment income benefit period and shall 16 continue to timely pay those benefits. The carrier may request 17 a mediation conference for the purpose of contesting the 18 employee's entitlement to or the amount of supplemental income 19 benefits. 20 6. Supplemental benefits are calculated quarterly and 21 paid monthly. For purposes of calculating supplemental 22 benefits, 80 percent of the employee's average weekly wage and 23 the average wages the employee has earned per week are 24 compared quarterly. For purposes of this paragraph, if the 25 employee is offered a bona fide position of employment that 26 the employee is capable of performing, given the physical 27 condition of the employee and the geographic accessibility of 28 the position, the employee's weekly wages are considered 29 equivalent to the weekly wages for the position offered to the 30 employee. 31 7. Supplemental benefits are payable at the rate of 80 3 3:42 PM 04/30/03 h1837c-34m0b
SENATE AMENDMENT Bill No. HB 1837, 2nd Eng. Amendment No. ___ Barcode 921224 1 percent of the difference between 80 percent of the employee's 2 average weekly wage determined pursuant to s. 440.14 and the 3 weekly wages the employee has earned during the reporting 4 period, not to exceed the maximum weekly income benefit under 5 s. 440.12. 6 8. The department may by rule define terms that are 7 necessary for the administration of this section and forms and 8 procedures governing the method of payment of supplemental 9 benefits for dates of accidents before January 1, 1994, and 10 for dates of accidents on or after January 1, 1994. 11 (h)(c) Duration of temporary impairment and 12 supplemental income benefits.--The employee's eligibility for 13 temporary benefits, impairment income benefits, and 14 supplemental benefits terminates on the expiration of 401 15 weeks after the date of injury. 16 (i) Notwithstanding paragraph (c), for accidents 17 occurring 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 Lines 53-54, delete those lines 23 24 and insert: 25 circumstances; amending s. 440.151, F.S.; 26 27 28 29 30 31 4 3:42 PM 04/30/03 h1837c-34m0b