H-1191

   Amend House File 754 as follows:
   1.  By striking everything after the enacting clause and inserting: 
   <Section 1.  Section 85.34, subsection 2, paragraph n, Code 2021, is amended by striking the paragraph.
   Sec. 2.  Section 85.70, subsection 1, Code 2021, is amended to read as follows:
   1.  An employee who has sustained an injury resulting in permanent partial or permanent total disability, for which compensation is payable under this chapter other than an injury to the shoulder compensable pursuant to section 85.34, subsection 2, paragraph “n”, and who cannot return to gainful employment because of such disability, shall upon application to and approval by the workers’ compensation commissioner be entitled to a one hundred dollar weekly payment from the employer in addition to any other benefit payments, during each full week in which the employee is actively participating in a vocational rehabilitation program recognized by the vocational rehabilitation services division of the department of education. The workers’ compensation commissioner’s approval of such application for payment may be given only after a careful evaluation of available facts, and after consultation with the employer or the employer’s representative. Judicial review of the decision of the workers’ compensation commissioner may be obtained in accordance with the terms of the Iowa administrative procedure Act, chapter 17A, and in section 86.26. Such additional benefit payment shall be paid for a period not to exceed thirteen consecutive weeks except that the workers’ compensation commissioner may extend the period of payment not to exceed an additional thirteen weeks if the circumstances indicate that a continuation of training will in fact accomplish rehabilitation.
   Sec. 3.  Section 85.70, subsection 2, Code 2021, is amended by striking the subsection.>
   2.  Title page, by striking lines 1 and 2 and inserting <An Act relating to workers’ compensation for shoulder injuries.>

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HUNTER of Polk