Senate File 435 S-3172 Amend Senate File 435 as follows: 1 1. Page 1, line 19, by striking < the predominant > 2 and inserting < a substantial > 3 2. Page 1, line 24, by striking < the predominant > 4 and inserting < a substantial > 5 3. Page 4, by striking lines 16 through 21 and 6 inserting: 7 < Sec. ___. Section 85.34, subsection 2, Code 2017, 8 is amended by adding the following new paragraph: 9 NEW PARAGRAPH . 0n. For the loss of a shoulder, 10 weekly compensation during four hundred weeks. 11 Sec. ___. Section 85.34, subsection 2, paragraph u, 12 Code 2017, is amended to read as follows: > 13 4. Page 5, line 4, by striking < disability > and 14 inserting < impairment > 15 5. Page 5, by striking lines 5 through 10 16 and inserting < the employee’s earning capacity. 17 Notwithstanding section 85.26, subsection 2, if an 18 employee who is eligible for compensation under this 19 paragraph returns to work with the same employer and is 20 compensated based only upon the employee’s functional 21 impairment resulting from the injury as provided in 22 this paragraph and is terminated from employment by 23 that employer, the award or agreement for settlement 24 for benefits under this chapter shall be reviewed upon 25 commencement of reopening proceedings by the employee 26 for a determination of any reduction in the employee’s 27 earning capacity caused by the employee’s permanent 28 partial disability. > 29 6. Page 6, by striking lines 11 through 17 and 30 inserting < the employee is no longer permanently and 31 totally disabled . > 32 7. Page 7, line 3, before < services > by inserting 33 < current > 34 8. By striking page 10, line 24, through page 11, 35 -1- SF435.1578 (3) 87 (amending this SF 435 to conform to HF 518) av/rj 1/ 5 #1. #2. #3. #4. #5. #6. #7.

line 3. 1 9. Page 11, before line 4 by inserting: 2 < Sec. ___. Section 85.70, Code 2017, is amended to 3 read as follows: 4 85.70 Additional payment for attendance —— 5 rehabilitation and training —— new career vocational 6 training and education program . 7 1. An employee who has sustained an injury 8 resulting in permanent partial or permanent total 9 disability, for which compensation is payable under 10 this chapter other than an injury to the shoulder 11 compensable pursuant to section 85.34, subsection 12 2, paragraph “0n” , and who cannot return to gainful 13 employment because of such disability, shall 14 upon application to and approval by the workers’ 15 compensation commissioner be entitled to a one hundred 16 dollar weekly payment from the employer in addition 17 to any other benefit payments, during each full week 18 in which the employee is actively participating in a 19 vocational rehabilitation program recognized by the 20 vocational rehabilitation services division of the 21 department of education. The workers’ compensation 22 commissioner’s approval of such application for 23 payment may be given only after a careful evaluation 24 of available facts, and after consultation with the 25 employer or the employer’s representative. Judicial 26 review of the decision of the workers’ compensation 27 commissioner may be obtained in accordance with the 28 terms of the Iowa administrative procedure Act, chapter 29 17A , and in section 86.26 . Such additional benefit 30 payment shall be paid for a period not to exceed 31 thirteen consecutive weeks except that the workers’ 32 compensation commissioner may extend the period of 33 payment not to exceed an additional thirteen weeks 34 if the circumstances indicate that a continuation of 35 -2- SF435.1578 (3) 87 (amending this SF 435 to conform to HF 518) av/rj 2/ 5 #9.

training will in fact accomplish rehabilitation. 1 2. a. An employee who has sustained an injury to 2 the shoulder resulting in permanent partial disability 3 for which compensation is payable under section 85.34, 4 subsection 2, paragraph “0n” , and who cannot return 5 to gainful employment because of such disability, 6 shall be evaluated by the department of workforce 7 development regarding career opportunities in specific 8 fields aligning with postsecondary career and technical 9 education programs that provide instruction in the 10 areas of agriculture, family and consumer sciences, 11 health occupations, business, industrial technology, 12 and marketing, that allow for accommodation of the 13 employee’s disability and to determine if the employee 14 would benefit from participation in the new career 15 vocational training and education program offered 16 through an area community college, that will allow the 17 employee to return to the workforce. 18 b. Upon completion of the evaluation and a 19 determination by the department that the employee is a 20 candidate for the new career vocational training and 21 education program, the employee shall be referred by 22 the department to the community college that is in the 23 closest proximity to the employee’s residence, or upon 24 agreement of the department and the employee, to the 25 community college that offers a vocational training and 26 education program that best meets the employee’s needs, 27 for enrollment in the new career vocational training 28 and education program at the community college for the 29 purpose of providing the employee with occupational 30 training that will result in, at a minimum, the 31 awarding of an associate degree or completion of a 32 certificate program and will enable the employee to 33 return to the workforce. If an employee does not 34 enroll in the new career vocational training and 35 -3- SF435.1578 (3) 87 (amending this SF 435 to conform to HF 518) av/rj 3/ 5

education program at the community college to which the 1 employee has been referred by the department within six 2 months after the referral, the employee is no longer 3 eligible to participate in the program. 4 c. The employee shall be entitled to financial 5 support from the employer or the employer’s insurer 6 for participation in the new career vocational and 7 education training program in a total amount not 8 to exceed fifteen thousand dollars to be used for 9 the payment of tuition and fees and the purchase of 10 required supplies. The community college in which an 11 employee is enrolled pursuant to the program shall 12 bill the employer or the employer’s insurer for the 13 employee’s tuition and fees each semester, or the 14 equivalent, that the employee is enrolled in the 15 program. The employer or the employer’s insurer shall 16 also pay for the purchase of supplies required by the 17 employee to participate in the program, upon receipt 18 of documentation from the employee detailing the cost 19 of the supplies and the necessity for purchasing the 20 supplies. Such documentation may include written 21 course requirements or other documentation from the 22 community college or the course instructor regarding 23 the necessity for the purchase of certain supplies. 24 d. The employer or the employer’s insurer may 25 request a periodic status report each semester from the 26 community college documenting the employee’s attendance 27 and participation in and completion of the education 28 and training program. If an employee does not meet 29 the attendance requirements of the community college 30 at which the employee is enrolled or does not maintain 31 a passing grade in each course in which the employee 32 is enrolled each semester, or the equivalent, the 33 employee’s eligibility for continued participation in 34 the program is terminated. 35 -4- SF435.1578 (3) 87 (amending this SF 435 to conform to HF 518) av/rj 4/ 5

e. The community college shall also provide the 1 employer or the employer’s insurer with documentation 2 detailing that the receipt of funds by the community 3 college pursuant to this subsection is for the payment 4 of tuition and fees and the purchase of required 5 supplies. 6 f. Beginning on or before December 1, 2018, the 7 department of workforce development, in cooperation 8 with the department of education, the insurance 9 division of the department of commerce, and all 10 community colleges that are participating in the new 11 career and vocational training and education program, 12 shall prepare an annual report for submission to the 13 general assembly that provides information about the 14 status of the program including but not limited to the 15 utilization of and participants in the program, program 16 completion rates, employment rates after completion of 17 the program and the types of employment obtained by the 18 program participants, and the effects of the program on 19 workers’ compensation premium rates. > 20 10. Page 14, by striking lines 4 and 5 and 21 inserting < recent H15 report settled as of the date of 22 injury, plus two percent. > 23 11. Page 14, by striking lines 6 and 7. 24 12. Page 14, line 10, by striking < 85.61, > 25 13. Title page, line 2, by striking < effective date 26 and > 27 14. By renumbering as necessary. 28 ______________________________ MICHAEL BREITBACH -5- SF435.1578 (3) 87 (amending this SF 435 to conform to HF 518) av/rj 5/ 5 #10. #11. #12. #13. #14.