HSB 182 (LSB 2479YC (3) 85)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE)

A BILL FOR

An Act relating to offers of suitable work made to certain injured employees and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 85.33, subsection 3, Code 2013, is amended to read as follows:
   3.
  a.  If an employee is temporarily, partially disabled and the employer for whom the employee was working at the time of injury offers to the employee suitable work consistent with the employee’s disability, the employee shall accept the suitable work, and be compensated with temporary partial benefits. If the employee refuses to accept the suitable work with the same employer, the employee shall not be compensated with temporary partial, temporary total, or healing period benefits during the period of the refusal. If suitable work is not offered by the employer for whom the employee was working at the time of the injury and the employee who is temporarily, partially disabled elects to perform work with a different employer, the employee shall be compensated with temporary partial benefits.

For the purposes of this subsection, work offered to an employee shall be considered suitable work if the work offered meets all of the following requirements:
   (1)  The work offered is reasonably appropriate for the employee’s education, training, and vocational experience.
   (2)  The work offered is consistent with the employee’s medical restrictions.
   (3)  The work offered does not require the employee to work a substantially different schedule which unreasonably interferes with the employee’s customary activities in caring for a dependent. For the purposes of this subsection, “dependent” means a dependent as described in section 85.42 or 85.44.
   (4)  The work is not offered for the purpose of punishing or harassing the employee.
   (5)  The work offered does not require the employee to accept a permanent reassignment to a different job subsequent to the period of temporary disability, provided that once the period of temporary disability ends, this subsection shall not be construed to limit the employer from reassigning the employee to a job consistent with the employee’s permanent medical restrictions, if any.
   b.  For the purposes of paragraph “c”, “traveling employee” means an employee whose regular job duties regularly require the employee to be away from the employee’s residence for extended periods of time.
   c.  For the purposes of this subsection, work offered to a traveling employee shall be considered suitable work if the work offered meets the requirements contained in paragraph “a”, subject to the following additional requirements:
   (1)  The geographic location of the work offered to the traveling employee shall be considered in making a determination of whether the work offered is suitable work only if the work offered does any of the following:
   (a)  Requires a commute or other travel beyond the physical capacity of the employee.
   (b)  Requires the traveling employee to spend substantially more time away from the employee’s residence than the employee’s regular job duties.
   (c)  Interferes with the medical care of the traveling employee for the work-related injury, including but not limited to forcing a change in a health service provider or a delay in medical care or treatment. 
   (2)  If an employer offers suitable work to a traveling employee that requires the employee to spend substantially more time away from the employee’s residence than the employee’s regular job duties, the employer shall notify the employee in writing of the following:
   (a)  The nature of the job duties and physical requirements of the work offered.
   (b)  The geographic location of the work offered, if the location of the work offered will be substantially different than the location of the traveling employee’s regular job duties.
   (c)  The possible suspension of temporary partial, temporary total, or healing period benefits if the traveling employee refuses the suitable work offered.
   (d)  The traveling employee’s right to file a claim with the workers’ compensation commissioner.
   (3)  The employer shall deliver written notice of the suitable work offered to the traveling employee, by mail, or by personal or electronic delivery.
   (4)  Within seven days after the employer mails written notice to the traveling employee of the suitable work offered, or within three days after the employer personally or electronically delivers written notice to the traveling employee of the suitable work offered, whichever is earlier, the employee shall either accept the offer of suitable work or refuse the offer of suitable work, in written or electronic form, stating the basis for the employee’s refusal of the suitable work offered, if applicable.
   (5)  If at any time the employer substantially alters the job duties, physical requirements, or location of the suitable work, the employer shall provide the traveling employee with written notice of the proposed alterations and the employee shall accept or refuse the alterations to the suitable work, in written or electronic form, within three days after the notice is delivered, stating the basis for the employee’s refusal of the alterations, if applicable.
   (6)  If the traveling employee believes that the suitable work offered is not suitable under this subsection after accepting and engaging in the work, the employee may refuse the work as unsuitable. The employee’s right to refuse the work offered as unsuitable is not affected by the employee’s initial acceptance of and engagement in the work.
   (7)  If the employer makes an offer of suitable work pursuant to this subsection that requires a traveling employee to commute or travel further than the location of the employee’s regular job duties, the employer shall provide the employee with reasonable transportation, overnight lodging, and meals, or with prompt reimbursement for such reasonable travel expenses.

   d.  This subsection shall not be construed to create a new legal claim or cause of action or to extinguish or modify any existing legal claim or cause of action. 
    Sec. 2.  APPLICABILITY.  This Act applies to offers of suitable work made pursuant to section 85.33, subsection 3, on or after July 1, 2013.
EXPLANATION
   This bill relates to offers of suitable work made by an employer to an employee while the employee is temporarily, partially disabled. The bill specifies what work is considered suitable work for purposes of the statute such that an employee’s refusal to accept the work will result in suspension of that employee’s weekly workers’ compensation benefits during the period of the refusal.
   The bill provides that in order to be considered suitable, the work offered must be reasonably appropriate for the employee’s education, training, and vocational experience; consistent with the employee’s medical restrictions; not require the employee to work a substantially different schedule that unreasonably interferes with the care of dependents; not be offered to punish or harass the employee; and not require the employee to accept a permanent reassignment to a different job subsequent to the period of temporary disability, unless such reassignment is necessary due to the employee’s permanent medical restrictions.
   The bill imposes additional requirements for determining whether work offered to an injured traveling employee is suitable. For purposes of the bill, a “traveling employee” is an employee whose regular job duties regularly require the employee to be away from the employee’s residence for extended periods of time.
   For a traveling employee, the geographic location of the work offered shall be considered only if the work requires a commute or other travel beyond the physical capacity of the employee; requires the employee to spend substantially more time away from the employee’s residence than the employee’s regular job duties; or interferes with the employee’s medical care for the work-related injury including forcing a change in a health service provider or a delay in medical care or treatment.
   If an employer offers suitable work to a traveling employee that requires the employee to spend substantially more time away from the employee’s residence than the employee’s regular job duties, the employer must notify the employee in writing of the nature of the job duties and physical requirements of the work offered; the geographic location of the work, if the location is substantially different than the location of the employee’s regular job duties; the possible suspension of weekly workers’ compensation benefits if the employee refuses the suitable work offered; and the employee’s right to file a claim with the workers’ compensation commissioner.
   The employer must also deliver written notice of the suitable work offered to a traveling employee by mail, or by personal or electronic delivery. Within seven days after the notice is mailed, or within three days after the notice is delivered personally or electronically to the employee, the employee must either accept or refuse the offer of suitable work, in written or electronic form, including the basis for a refusal, if applicable.
   If the employer substantially alters the job duties, physical requirements, or location of the suitable work, the employer shall provide the traveling employee with written notice of the proposed alterations and the employee must accept or refuse the alterations, in written or electronic form, within three days of delivery of the notice, including the basis for a refusal, if applicable.
   If the traveling employee believes that the work offered is not suitable after accepting and engaging in the work, the employee may refuse the work as unsuitable. The employee’s right to refuse the work offered as unsuitable is not affected by the employee’s initial acceptance of and engagement in the work.
   If an employer makes an offer of suitable work that requires a traveling employee to commute or travel further than the location of the employee’s regular job duties, the employer must provide the employee with reasonable transportation, overnight lodging, and meals, or with prompt reimbursement for such reasonable travel expenses.
   The provisions of the bill shall not be construed to create a new legal claim or cause of action or to extinguish or modify any existing legal claim or cause of action. 
   The bill is applicable to offers of suitable work made by an employer on or after July 1, 2013.