Senate File 435 S-3123 Amend Senate File 435 as follows: 1 1. By striking page 2, line 23, through page 3, 2 line 26, and inserting: 3 < Sec. ___. Section 85.33, subsection 3, Code 2017, 4 is amended to read as follows: 5 3. a. If an employee is temporarily, partially 6 disabled and the employer for whom the employee 7 was working at the time of injury offers to the 8 employee suitable work consistent with the employee’s 9 disability , the employee shall accept the suitable 10 work, and be compensated with temporary partial 11 benefits. If the employee refuses to accept the 12 suitable work with the same employer, the employee 13 shall not be compensated with temporary partial, 14 temporary total, or healing period benefits during 15 the period of the refusal. If suitable work is not 16 offered by the employer for whom the employee was 17 working at the time of the injury and the employee who 18 is temporarily , partially disabled elects to perform 19 work with a different employer, the employee shall 20 be compensated with temporary partial benefits. For 21 the purposes of this subsection, work offered to an 22 employee shall be considered suitable work if the work 23 offered meets all of the following requirements: 24 (1) The work offered is reasonably appropriate for 25 the employee’s education, training, and vocational 26 experience. 27 (2) The work offered is consistent with the 28 employee’s medical restrictions. 29 (3) The work offered does not require the employee 30 to work a substantially different schedule which 31 unreasonably interferes with the employee’s customary 32 activities in caring for a dependent. For the purposes 33 of this subsection, “dependent” means a dependent as 34 described in section 85.42 or 85.44. 35 -1- SF435.1247 (4) 87 av/rj 1/ 4 #1.

(4) The work is not offered for the purpose of 1 punishing or harassing the employee. 2 (5) The work offered does not require the employee 3 to accept a permanent reassignment to a different job 4 subsequent to the period of temporary disability, 5 provided that once the period of temporary disability 6 ends, this subsection shall not be construed to limit 7 the employer from reassigning the employee to a job 8 consistent with the employee’s permanent medical 9 restrictions, if any. 10 b. For the purposes of paragraph “c” , “traveling 11 employee” means an employee whose regular job duties 12 regularly require the employee to be away from the 13 employee’s residence for extended periods of time. 14 c. For the purposes of this subsection, work 15 offered to a traveling employee shall be considered 16 suitable work if the work offered meets the 17 requirements contained in paragraph “a” , subject to the 18 following additional requirements: 19 (1) The geographic location of the work offered 20 to the traveling employee shall be considered in 21 making a determination of whether the work offered is 22 suitable work only if the work offered does any of the 23 following: 24 (a) Requires a commute or other travel beyond the 25 physical capacity of the employee. 26 (b) Requires the traveling employee to spend 27 substantially more time away from the employee’s 28 residence than the employee’s regular job duties. 29 (c) Interferes with the medical care of the 30 traveling employee for the work-related injury, 31 including but not limited to forcing a change in a 32 health service provider or a delay in medical care or 33 treatment. 34 (2) If an employer offers suitable work to a 35 -2- SF435.1247 (4) 87 av/rj 2/ 4

traveling employee that requires the employee to 1 spend substantially more time away from the employee’s 2 residence than the employee’s regular job duties, the 3 employer shall notify the employee in writing of the 4 following: 5 (a) The nature of the job duties and physical 6 requirements of the work offered. 7 (b) The geographic location of the work offered, if 8 the location of the work offered will be substantially 9 different than the location of the traveling employee’s 10 regular job duties. 11 (c) The possible suspension of temporary partial, 12 temporary total, or healing period benefits if the 13 traveling employee refuses the suitable work offered. 14 (d) The traveling employee’s right to file a claim 15 with the workers’ compensation commissioner. 16 (3) The employer shall deliver written notice of 17 the suitable work offered to the traveling employee, by 18 mail, or by personal or electronic delivery. 19 (4) Within seven days after the employer mails 20 written notice to the traveling employee of the 21 suitable work offered, or within three days after the 22 employer personally or electronically delivers written 23 notice to the traveling employee of the suitable work 24 offered, whichever is earlier, the employee shall 25 either accept the offer of suitable work or refuse the 26 offer of suitable work, in written or electronic form, 27 stating the basis for the employee’s refusal of the 28 suitable work offered, if applicable. 29 (5) If at any time the employer substantially 30 alters the job duties, physical requirements, or 31 location of the suitable work, the employer shall 32 provide the traveling employee with written notice of 33 the proposed alterations and the employee shall accept 34 or refuse the alterations to the suitable work, in 35 -3- SF435.1247 (4) 87 av/rj 3/ 4

written or electronic form, within three days after 1 the notice is delivered, stating the basis for the 2 employee’s refusal of the alterations, if applicable. 3 (6) If the traveling employee believes that the 4 suitable work offered is not suitable under this 5 subsection after accepting and engaging in the work, 6 the employee may refuse the work as unsuitable. 7 The employee’s right to refuse the work offered as 8 unsuitable is not affected by the employee’s initial 9 acceptance of and engagement in the work. 10 (7) If the employer makes an offer of suitable 11 work pursuant to this subsection that requires a 12 traveling employee to commute or travel further than 13 the location of the employee’s regular job duties, the 14 employer shall provide the employee with reasonable 15 transportation, overnight lodging, and meals, or 16 with prompt reimbursement for such reasonable travel 17 expenses. 18 d. This subsection shall not be construed to create 19 a new legal claim or cause of action or to extinguish 20 or modify any existing legal claim or cause of action. > 21 2. By renumbering as necessary. 22 ______________________________ NATE BOULTON -4- SF435.1247 (4) 87 av/rj 4/ 4 #2.