House File 518 H-1184 Amend the amendment, H-1176, to House File 518 as 1 follows: 2 1. Page 1, after line 3 by inserting: 3 < ___. Page 4, by striking lines 16 through 21 and 4 inserting: 5 < Sec. ___. Section 85.34, subsection 2, Code 2017, 6 is amended by adding the following new paragraph: 7 NEW PARAGRAPH . 0n. For the loss of a shoulder, 8 weekly compensation during four hundred weeks. 9 Sec. ___. Section 85.34, subsection 2, paragraph u, 10 Code 2017, is amended to read as follows: >> 11 2. Page 1, after line 5 by inserting: 12 < ___. Page 5, by striking lines 5 through 10 13 and inserting < the employee’s earning capacity. 14 Notwithstanding section 85.26, subsection 2, if an 15 employee who is eligible for compensation under this 16 paragraph returns to work with the same employer and is 17 compensated based only upon the employee’s functional 18 impairment resulting from the injury as provided in 19 this paragraph and is terminated from employment by 20 that employer, the award or agreement for settlement 21 for benefits under this chapter shall be reviewed upon 22 commencement of reopening proceedings by the employee 23 for a determination of any reduction in the employee’s 24 earning capacity caused by the employee’s permanent 25 partial disability. > 26 ___. Page 6, by striking lines 11 through 17 and 27 inserting < the employee is no longer permanently and 28 totally disabled . > 29 ___. Page 7, line 3, before < services > by inserting 30 < current > 31 ___. Page 11, after line 3 by inserting: 32 < Sec. ___. Section 85.70, Code 2017, is amended to 33 read as follows: 34 85.70 Additional payment for attendance —— 35 -1- H1176.1427 (2) 87 av/rj 1/ 5 #1. #2.
rehabilitation and training —— new career vocational 1 training program . 2 1. An employee who has sustained an injury 3 resulting in permanent partial or permanent total 4 disability, for which compensation is payable under 5 this chapter other than an injury to the shoulder 6 compensable pursuant to section 85.34, subsection 7 2, paragraph “0n” , and who cannot return to gainful 8 employment because of such disability, shall 9 upon application to and approval by the workers’ 10 compensation commissioner be entitled to a one hundred 11 dollar weekly payment from the employer in addition 12 to any other benefit payments, during each full week 13 in which the employee is actively participating in a 14 vocational rehabilitation program recognized by the 15 vocational rehabilitation services division of the 16 department of education. The workers’ compensation 17 commissioner’s approval of such application for 18 payment may be given only after a careful evaluation 19 of available facts, and after consultation with the 20 employer or the employer’s representative. Judicial 21 review of the decision of the workers’ compensation 22 commissioner may be obtained in accordance with the 23 terms of the Iowa administrative procedure Act, chapter 24 17A , and in section 86.26 . Such additional benefit 25 payment shall be paid for a period not to exceed 26 thirteen consecutive weeks except that the workers’ 27 compensation commissioner may extend the period of 28 payment not to exceed an additional thirteen weeks 29 if the circumstances indicate that a continuation of 30 training will in fact accomplish rehabilitation. 31 2. a. An employee who has sustained an injury to 32 the shoulder resulting in permanent partial disability 33 for which compensation is payable under section 85.34, 34 subsection 2, paragraph “0n” , and who cannot return 35 -2- H1176.1427 (2) 87 av/rj 2/ 5
to gainful employment because of such disability, 1 shall be evaluated by the department of workforce 2 development regarding career opportunities in specific 3 fields aligning with postsecondary career and technical 4 education programs that provide instruction in the 5 areas of agriculture, family and consumer sciences, 6 health occupations, business, industrial technology, 7 and marketing, that allow for accommodation of the 8 employee’s disability and to determine if the employee 9 would benefit from participation in the new career 10 vocational training and education program offered 11 through an area community college, that will allow the 12 employee to return to the workforce. 13 b. Upon completion of the evaluation and a 14 determination by the department that the employee is a 15 candidate for the new career vocational training and 16 education program, the employee shall be referred by 17 the department to the community college that is in the 18 closest proximity to the employee’s residence, or upon 19 agreement of the department and the employee, to the 20 community college that offers a vocational training and 21 education program that best meets the employee’s needs, 22 for enrollment in the new career vocational training 23 and education program at the community college for the 24 purpose of providing the employee with occupational 25 training that will result in, at a minimum, the 26 awarding of an associate degree or completion of a 27 certificate program and will enable the employee to 28 return to the workforce. If an employee does not 29 enroll in the new career vocational training and 30 education program at the community college to which the 31 employee has been referred by the department within six 32 months after the referral, the employee is no longer 33 eligible to participate in the program. 34 c. The employee shall be entitled to financial 35 -3- H1176.1427 (2) 87 av/rj 3/ 5
support from the employer or the employer’s insurer 1 for participation in the new career vocational and 2 education training program in a total amount not 3 to exceed fifteen thousand dollars to be used for 4 the payment of tuition and fees and the purchase of 5 required supplies. The community college in which an 6 employee is enrolled pursuant to the program shall 7 bill the employer or the employer’s insurer for the 8 employee’s tuition and fees each semester, or the 9 equivalent, that the employee is enrolled in the 10 program. The employer or the employer’s insurer shall 11 also pay for the purchase of supplies required by the 12 employee to participate in the program, upon receipt 13 of documentation from the employee detailing the cost 14 of the supplies and the necessity for purchasing the 15 supplies. Such documentation may include written 16 course requirements or other documentation from the 17 community college or the course instructor regarding 18 the necessity for the purchase of certain supplies. 19 d. The employer or the employer’s insurer may 20 request a periodic status report each semester from the 21 community college documenting the employee’s attendance 22 and participation in and completion of the education 23 and training program. If an employee does not meet 24 the attendance requirements of the community college 25 at which the employee is enrolled or does not maintain 26 a passing grade in each course in which the employee 27 is enrolled each semester, or the equivalent, the 28 employee’s eligibility for continued participation in 29 the program is terminated. 30 e. The community college shall also provide the 31 employer or the employer’s insurer with documentation 32 detailing that the receipt of funds by the community 33 college pursuant to this subsection is for the payment 34 of tuition and fees and the purchase of required 35 -4- H1176.1427 (2) 87 av/rj 4/ 5
supplies. 1 f. Beginning on or before December 1, 2018, the 2 department of workforce development, in cooperation 3 with the department of education, the insurance 4 division of the department of commerce, and all 5 community colleges that are participating in the new 6 career and vocational training and education program, 7 shall prepare an annual report for submission to the 8 general assembly that provides information about the 9 status of the program including but not limited to the 10 utilization of and participants in the program, program 11 completion rates, employment rates after completion of 12 the program and the types of employment obtained by the 13 program participants, and the effects of the program on 14 workers’ compensation premium rates. > 15 ___. Page 14, by striking lines 2 through 5 and 16 inserting < payment is due at an annual rate equal 17 to the prime rate plus two percent, calculated as 18 of January 1 of the calendar year in which each 19 compensation payment is due. > 20 ___. Page 14, by striking lines 6 and 7. 21 ___. Title page, line 2, by striking < effective 22 date and > 23 ___. By renumbering as necessary. >> 24 ______________________________ CARLSON of Muscatine -5- H1176.1427 (2) 87 av/rj 5/ 5