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-
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(2)
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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
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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
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H1176.1427
(2)
87
av/rj
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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
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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
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5