House File 754 H-1191 Amend House File 754 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 85.34, subsection 2, paragraph n, Code 4 2021, is amended by striking the paragraph. 5 Sec. 2. Section 85.70, subsection 1, Code 2021, is amended 6 to read as follows: 7 1. An employee who has sustained an injury resulting in 8 permanent partial or permanent total disability, for which 9 compensation is payable under this chapter other than an 10 injury to the shoulder compensable pursuant to section 85.34, 11 subsection 2 , paragraph “n” , and who cannot return to gainful 12 employment because of such disability, shall upon application 13 to and approval by the workers’ compensation commissioner 14 be entitled to a one hundred dollar weekly payment from the 15 employer in addition to any other benefit payments, during each 16 full week in which the employee is actively participating in a 17 vocational rehabilitation program recognized by the vocational 18 rehabilitation services division of the department of 19 education. The workers’ compensation commissioner’s approval 20 of such application for payment may be given only after a 21 careful evaluation of available facts, and after consultation 22 with the employer or the employer’s representative. 23 Judicial review of the decision of the workers’ compensation 24 commissioner may be obtained in accordance with the terms of 25 the Iowa administrative procedure Act, chapter 17A , and in 26 section 86.26 . Such additional benefit payment shall be paid 27 for a period not to exceed thirteen consecutive weeks except 28 that the workers’ compensation commissioner may extend the 29 period of payment not to exceed an additional thirteen weeks if 30 the circumstances indicate that a continuation of training will 31 in fact accomplish rehabilitation. 32 Sec. 3. Section 85.70, subsection 2, Code 2021, is amended 33 by striking the subsection. > 34 2. Title page, by striking lines 1 and 2 and inserting < An 35 -1- HF754.1333 (1) 89 je/rn 1/ 2 #1.