Florida Regulations 69L-3.0192

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§ 69L-3.0192 Impairment Income Benefits (Dates of Accident January 1, 1994 through September 30, 2003)

History:



(1) (a) After the employee has reached maximum medical improvement, the claims-handling entity shall make the initial payment of impairment income benefits no later than the 20th day after the claims-handling entity has knowledge of the employee's permanent impairment rating; however this initial payment may be made before the 20th day. The initial payment of impairment income benefits must include payment for all full weeks of entitlement since the date of maximum medical improvement up to the time the initial payment is made. Impairment income benefits are payable whether the employee is working or not. (b) Impairment income benefits may be paid in either weekly or biweekly installments. If the claims-handling entity pays benefits biweekly, it shall issue payment for both weeks at the end of the first week. To establish and maintain a biweekly installment schedule, the claims-handling entity shall issue the check for the first and second weeks of entitlement at the end of the first week, the third and fourth weeks of entitlement at the end of the third week, and so on.

(2) (a) Impairment income benefits are paid at a rate of 50% of the average weekly temporary total disability benefit, as defined in subsection 69L- 3.002(1), F.A.C. (b) If impairment income benefits are due and no previous temporary total disability benefits have been paid, the average weekly temporary total disability benefit shall be 66 2/3% of the employee's average weekly wage, up to the maximum compensation rate for the accident year.

(3) Impairment income benefits may not be offset by Social Security or unemployment compensation benefits received by the employee.

Specific Authority 440.591 FS. Law Implemented 440.15(3) FS. History-New 11-8-94, Formerly 38F- 3.0192, 4L-3.0192, Amended 1-10-05.