House File 518 H-1211 Amend the amendment, H-1176, to House File 518 as 1 follows: 2 1. Page 1, by striking lines 2 and 3. 3 2. Page 1, after line 3 by inserting: 4 < ___. Page 1, line 19, by striking < the 5 predominant > and inserting < a substantial > 6 ___. Page 1, line 24, by striking < the predominant > 7 and inserting < a substantial > 8 ___. Page 4, by striking lines 16 through 21 and 9 inserting: 10 < Sec. ___. Section 85.34, subsection 2, Code 2017, 11 is amended by adding the following new paragraph: 12 NEW PARAGRAPH . 0n. For the loss of a shoulder, 13 weekly compensation during four hundred weeks. 14 Sec. ___. Section 85.34, subsection 2, paragraph u, 15 Code 2017, is amended to read as follows: >> 16 3. Page 1, after line 5 by inserting: 17 < ___. Page 5, by striking lines 5 through 10 18 and inserting < the employee’s earning capacity. 19 Notwithstanding section 85.26, subsection 2, if an 20 employee who is eligible for compensation under this 21 paragraph returns to work with the same employer and is 22 compensated based only upon the employee’s functional 23 impairment resulting from the injury as provided in 24 this paragraph and is terminated from employment by 25 that employer, the award or agreement for settlement 26 for benefits under this chapter shall be reviewed upon 27 commencement of reopening proceedings by the employee 28 for a determination of any reduction in the employee’s 29 earning capacity caused by the employee’s permanent 30 partial disability. > 31 ___. Page 6, by striking lines 11 through 17 and 32 inserting < the employee is no longer permanently and 33 totally disabled . > 34 ___. Page 7, line 3, before < services > by inserting 35 -1- H1176.1533 (4) 87 av/rj 1/ 5 #1. #2. #3.
< current > 1 ___. By striking page 10, line 24, through page 11, 2 line 3. 3 ___. Page 11, before line 4 by inserting: 4 < Sec. ___. Section 85.70, Code 2017, is amended to 5 read as follows: 6 85.70 Additional payment for attendance —— 7 rehabilitation and training —— new career vocational 8 training and education program . 9 1. An employee who has sustained an injury 10 resulting in permanent partial or permanent total 11 disability, for which compensation is payable under 12 this chapter other than an injury to the shoulder 13 compensable pursuant to section 85.34, subsection 14 2, paragraph “0n” , and who cannot return to gainful 15 employment because of such disability, shall 16 upon application to and approval by the workers’ 17 compensation commissioner be entitled to a one hundred 18 dollar weekly payment from the employer in addition 19 to any other benefit payments, during each full week 20 in which the employee is actively participating in a 21 vocational rehabilitation program recognized by the 22 vocational rehabilitation services division of the 23 department of education. The workers’ compensation 24 commissioner’s approval of such application for 25 payment may be given only after a careful evaluation 26 of available facts, and after consultation with the 27 employer or the employer’s representative. Judicial 28 review of the decision of the workers’ compensation 29 commissioner may be obtained in accordance with the 30 terms of the Iowa administrative procedure Act, chapter 31 17A , and in section 86.26 . Such additional benefit 32 payment shall be paid for a period not to exceed 33 thirteen consecutive weeks except that the workers’ 34 compensation commissioner may extend the period of 35 -2- H1176.1533 (4) 87 av/rj 2/ 5
payment not to exceed an additional thirteen weeks 1 if the circumstances indicate that a continuation of 2 training will in fact accomplish rehabilitation. 3 2. a. An employee who has sustained an injury to 4 the shoulder resulting in permanent partial disability 5 for which compensation is payable under section 85.34, 6 subsection 2, paragraph “0n” , and who cannot return 7 to gainful employment because of such disability, 8 shall be evaluated by the department of workforce 9 development regarding career opportunities in specific 10 fields aligning with postsecondary career and technical 11 education programs that provide instruction in the 12 areas of agriculture, family and consumer sciences, 13 health occupations, business, industrial technology, 14 and marketing, that allow for accommodation of the 15 employee’s disability and to determine if the employee 16 would benefit from participation in the new career 17 vocational training and education program offered 18 through an area community college, that will allow the 19 employee to return to the workforce. 20 b. Upon completion of the evaluation and a 21 determination by the department that the employee is a 22 candidate for the new career vocational training and 23 education program, the employee shall be referred by 24 the department to the community college that is in the 25 closest proximity to the employee’s residence, or upon 26 agreement of the department and the employee, to the 27 community college that offers a vocational training and 28 education program that best meets the employee’s needs, 29 for enrollment in the new career vocational training 30 and education program at the community college for the 31 purpose of providing the employee with occupational 32 training that will result in, at a minimum, the 33 awarding of an associate degree or completion of a 34 certificate program and will enable the employee to 35 -3- H1176.1533 (4) 87 av/rj 3/ 5
return to the workforce. If an employee does not 1 enroll in the new career vocational training and 2 education program at the community college to which the 3 employee has been referred by the department within six 4 months after the referral, the employee is no longer 5 eligible to participate in the program. 6 c. The employee shall be entitled to financial 7 support from the employer or the employer’s insurer 8 for participation in the new career vocational and 9 education training program in a total amount not 10 to exceed fifteen thousand dollars to be used for 11 the payment of tuition and fees and the purchase of 12 required supplies. The community college in which an 13 employee is enrolled pursuant to the program shall 14 bill the employer or the employer’s insurer for the 15 employee’s tuition and fees each semester, or the 16 equivalent, that the employee is enrolled in the 17 program. The employer or the employer’s insurer shall 18 also pay for the purchase of supplies required by the 19 employee to participate in the program, upon receipt 20 of documentation from the employee detailing the cost 21 of the supplies and the necessity for purchasing the 22 supplies. Such documentation may include written 23 course requirements or other documentation from the 24 community college or the course instructor regarding 25 the necessity for the purchase of certain supplies. 26 d. The employer or the employer’s insurer may 27 request a periodic status report each semester from the 28 community college documenting the employee’s attendance 29 and participation in and completion of the education 30 and training program. If an employee does not meet 31 the attendance requirements of the community college 32 at which the employee is enrolled or does not maintain 33 a passing grade in each course in which the employee 34 is enrolled each semester, or the equivalent, the 35 -4- H1176.1533 (4) 87 av/rj 4/ 5
employee’s eligibility for continued participation in 1 the program is terminated. 2 e. The community college shall also provide the 3 employer or the employer’s insurer with documentation 4 detailing that the receipt of funds by the community 5 college pursuant to this subsection is for the payment 6 of tuition and fees and the purchase of required 7 supplies. 8 f. Beginning on or before December 1, 2018, the 9 department of workforce development, in cooperation 10 with the department of education, the insurance 11 division of the department of commerce, and all 12 community colleges that are participating in the new 13 career and vocational training and education program, 14 shall prepare an annual report for submission to the 15 general assembly that provides information about the 16 status of the program including but not limited to the 17 utilization of and participants in the program, program 18 completion rates, employment rates after completion of 19 the program and the types of employment obtained by the 20 program participants, and the effects of the program on 21 workers’ compensation premium rates. > 22 ___. Page 14, by striking lines 4 and 5 and 23 inserting < recent H15 report settled as of the date of 24 injury, plus two percent. > 25 ___. Page 14, by striking lines 6 and 7. 26 ___. Page 14, line 10, by striking < 85.61, > 27 ___. Title page, line 2, by striking < effective 28 date and > 29 ___. By renumbering as necessary. >> 30 ______________________________ CARLSON of Muscatine -5- H1176.1533 (4) 87 av/rj 5/ 5