Senate Amendment 5410


PAG LIN




     1  1    Amend Senate File 2312 as follows:
     1  2 #1.  By striking page 3, line 18, through page 9,
     1  3 line 23, and inserting the following:
     1  4    <Sec.    .  Section 85.70, Code 2003, is amended to
     1  5 read as follows:
     1  6    85.70  ADDITIONAL PAYMENT FOR ATTENDANCE.
     1  7    An employee who has sustained an injury resulting
     1  8 in permanent partial or permanent total disability,
     1  9 for which compensation is payable under this chapter,
     1 10 and who cannot return to gainful employment because of
     1 11 such disability, shall upon application to and
     1 12 approval by the workers' compensation commissioner be
     1 13 entitled to a twenty=dollar one hundred dollar weekly
     1 14 payment from the employer in addition to any other
     1 15 benefit payments, during each full week in which the
     1 16 employee is actively participating in a vocational
     1 17 rehabilitation program recognized by the vocational
     1 18 rehabilitation services division of the department of
     1 19 education.  The workers' compensation commissioner's
     1 20 approval of such application for payment may be given
     1 21 only after a careful evaluation of available facts,
     1 22 and after consultation with the employer or the
     1 23 employer's representative.  Judicial review of the
     1 24 decision of the workers' compensation commissioner may
     1 25 be obtained in accordance with the terms of the Iowa
     1 26 administrative procedure Act and in section 86.26.
     1 27 Such additional benefit payment shall be paid for a
     1 28 period not to exceed thirteen consecutive weeks except
     1 29 that the workers' compensation commissioner may extend
     1 30 the period of payment not to exceed an additional
     1 31 thirteen weeks if the circumstances indicate that a
     1 32 continuation of training will in fact accomplish
     1 33 rehabilitation.>
     1 34 #2.  By renumbering as necessary.
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     1 37                               
     1 38 WILLIAM A. DOTZLER
     1 39 SF 2312.704 80
     1 40 av/gg
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