S.F. _____ Section 1. Section 85.33, subsection 3, Code 2013, is 1 amended to read as follows: 2 3. a. If an employee is temporarily, partially disabled and 3 the employer for whom the employee was working at the time of 4 injury offers to the employee suitable work consistent with the 5 employee’s disability , the employee shall accept the suitable 6 work, and be compensated with temporary partial benefits. If 7 the employee refuses to accept the suitable work with the same 8 employer, the employee shall not be compensated with temporary 9 partial, temporary total, or healing period benefits during the 10 period of the refusal. If suitable work is not offered by the 11 employer for whom the employee was working at the time of the 12 injury and the employee who is temporarily , partially disabled 13 elects to perform work with a different employer, the employee 14 shall be compensated with temporary partial benefits. For the 15 purposes of this subsection, work offered to an employee shall 16 be considered suitable work if the work offered meets all of 17 the following requirements: 18 (1) The work offered is reasonably appropriate for the 19 employee’s education, training, and vocational experience. 20 (2) The work offered is consistent with the employee’s 21 medical restrictions. 22 (3) The work offered does not require the employee to work a 23 substantially different schedule which unreasonably interferes 24 with the employee’s customary activities in caring for a 25 dependent. For the purposes of this subsection, “dependent” 26 means a dependent as described in section 85.42 or 85.44. 27 (4) The work is not offered for the purpose of punishing or 28 harassing the employee. 29 (5) The work offered does not require the employee to accept 30 a permanent reassignment to a different job subsequent to the 31 period of temporary disability, provided that once the period 32 of temporary disability ends, this subsection shall not be 33 construed to limit the employer from reassigning the employee 34 to a job consistent with the employee’s permanent medical 35 -1- LSB 2479XC (3) 85 av/rj 1/ 6

S.F. _____ restrictions, if any. 1 b. For the purposes of paragraph “c” , “traveling employee” 2 means an employee whose regular job duties regularly require 3 the employee to be away from the employee’s residence for 4 extended periods of time. 5 c. For the purposes of this subsection, work offered to a 6 traveling employee shall be considered suitable work if the 7 work offered meets the requirements contained in paragraph “a” , 8 subject to the following additional requirements: 9 (1) The geographic location of the work offered to 10 the traveling employee shall be considered in making a 11 determination of whether the work offered is suitable work only 12 if the work offered does any of the following: 13 (a) Requires a commute or other travel beyond the physical 14 capacity of the employee. 15 (b) Requires the traveling employee to spend substantially 16 more time away from the employee’s residence than the 17 employee’s regular job duties. 18 (c) Interferes with the medical care of the traveling 19 employee for the work-related injury, including but not limited 20 to forcing a change in a health service provider or a delay in 21 medical care or treatment. 22 (2) If an employer offers suitable work to a traveling 23 employee that requires the employee to spend substantially more 24 time away from the employee’s residence than the employee’s 25 regular job duties, the employer shall notify the employee in 26 writing of the following: 27 (a) The nature of the job duties and physical requirements 28 of the work offered. 29 (b) The geographic location of the work offered, if the 30 location of the work offered will be substantially different 31 than the location of the traveling employee’s regular job 32 duties. 33 (c) The possible suspension of temporary partial, temporary 34 total, or healing period benefits if the traveling employee 35 -2- LSB 2479XC (3) 85 av/rj 2/ 6

S.F. _____ refuses the suitable work offered. 1 (d) The traveling employee’s right to file a claim with the 2 workers’ compensation commissioner. 3 (3) The employer shall deliver written notice of the 4 suitable work offered to the traveling employee, by mail, or by 5 personal or electronic delivery. 6 (4) Within seven days after the employer mails written 7 notice to the traveling employee of the suitable work 8 offered, or within three days after the employer personally 9 or electronically delivers written notice to the traveling 10 employee of the suitable work offered, whichever is earlier, 11 the employee shall either accept the offer of suitable work or 12 refuse the offer of suitable work, in written or electronic 13 form, stating the basis for the employee’s refusal of the 14 suitable work offered, if applicable. 15 (5) If at any time the employer substantially alters the 16 job duties, physical requirements, or location of the suitable 17 work, the employer shall provide the traveling employee with 18 written notice of the proposed alterations and the employee 19 shall accept or refuse the alterations to the suitable work, in 20 written or electronic form, within three days after the notice 21 is delivered, stating the basis for the employee’s refusal of 22 the alterations, if applicable. 23 (6) If the traveling employee believes that the suitable 24 work offered is not suitable under this subsection after 25 accepting and engaging in the work, the employee may refuse the 26 work as unsuitable. The employee’s right to refuse the work 27 offered as unsuitable is not affected by the employee’s initial 28 acceptance of and engagement in the work. 29 (7) If the employer makes an offer of suitable work pursuant 30 to this subsection that requires a traveling employee to 31 commute or travel further than the location of the employee’s 32 regular job duties, the employer shall provide the employee 33 with reasonable transportation, overnight lodging, and meals, 34 or with prompt reimbursement for such reasonable travel 35 -3- LSB 2479XC (3) 85 av/rj 3/ 6

S.F. _____ expenses. 1 d. This subsection shall not be construed to create a new 2 legal claim or cause of action or to extinguish or modify any 3 existing legal claim or cause of action. 4 Sec. 2. APPLICABILITY. This Act applies to offers of 5 suitable work made pursuant to section 85.33, subsection 3, on 6 or after July 1, 2013. 7 EXPLANATION 8 This bill relates to offers of suitable work made by an 9 employer to an employee while the employee is temporarily, 10 partially disabled. The bill specifies what work is considered 11 suitable work for purposes of the statute such that an 12 employee’s refusal to accept the work will result in suspension 13 of that employee’s weekly workers’ compensation benefits during 14 the period of the refusal. 15 The bill provides that in order to be considered suitable, 16 the work offered must be reasonably appropriate for the 17 employee’s education, training, and vocational experience; 18 consistent with the employee’s medical restrictions; not 19 require the employee to work a substantially different schedule 20 that unreasonably interferes with the care of dependents; not 21 be offered to punish or harass the employee; and not require 22 the employee to accept a permanent reassignment to a different 23 job subsequent to the period of temporary disability, unless 24 such reassignment is necessary due to the employee’s permanent 25 medical restrictions. 26 The bill imposes additional requirements for determining 27 whether work offered to an injured traveling employee is 28 suitable. For purposes of the bill, a “traveling employee” 29 is an employee whose regular job duties regularly require the 30 employee to be away from the employee’s residence for extended 31 periods of time. 32 For a traveling employee, the geographic location of the 33 work offered shall be considered only if the work requires a 34 commute or other travel beyond the physical capacity of the 35 -4- LSB 2479XC (3) 85 av/rj 4/ 6

S.F. _____ employee; requires the employee to spend substantially more 1 time away from the employee’s residence than the employee’s 2 regular job duties; or interferes with the employee’s medical 3 care for the work-related injury including forcing a change 4 in a health service provider or a delay in medical care or 5 treatment. 6 If an employer offers suitable work to a traveling employee 7 that requires the employee to spend substantially more time 8 away from the employee’s residence than the employee’s regular 9 job duties, the employer must notify the employee in writing 10 of the nature of the job duties and physical requirements of 11 the work offered; the geographic location of the work, if the 12 location is substantially different than the location of the 13 employee’s regular job duties; the possible suspension of 14 weekly workers’ compensation benefits if the employee refuses 15 the suitable work offered; and the employee’s right to file a 16 claim with the workers’ compensation commissioner. 17 The employer must also deliver written notice of the 18 suitable work offered to a traveling employee by mail, or by 19 personal or electronic delivery. Within seven days after the 20 notice is mailed, or within three days after the notice is 21 delivered personally or electronically to the employee, the 22 employee must either accept or refuse the offer of suitable 23 work, in written or electronic form, including the basis for a 24 refusal, if applicable. 25 If the employer substantially alters the job duties, 26 physical requirements, or location of the suitable work, the 27 employer shall provide the traveling employee with written 28 notice of the proposed alterations and the employee must accept 29 or refuse the alterations, in written or electronic form, 30 within three days of delivery of the notice, including the 31 basis for a refusal, if applicable. 32 If the traveling employee believes that the work offered 33 is not suitable after accepting and engaging in the work, the 34 employee may refuse the work as unsuitable. The employee’s 35 -5- LSB 2479XC (3) 85 av/rj 5/ 6

S.F. _____ right to refuse the work offered as unsuitable is not affected 1 by the employee’s initial acceptance of and engagement in the 2 work. 3 If an employer makes an offer of suitable work that requires 4 a traveling employee to commute or travel further than the 5 location of the employee’s regular job duties, the employer 6 must provide the employee with reasonable transportation, 7 overnight lodging, and meals, or with prompt reimbursement for 8 such reasonable travel expenses. 9 The provisions of the bill shall not be construed to create 10 a new legal claim or cause of action or to extinguish or modify 11 any existing legal claim or cause of action. 12 The bill is applicable to offers of suitable work made by an 13 employer on or after July 1, 2013. 14 -6- LSB 2479XC (3) 85 av/rj 6/ 6