SENATE AMENDMENT
    Bill No. HB 1837, 2nd Eng.
    Amendment No. ___   Barcode 902180
                            CHAMBER ACTION
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       05/01/2003 01:42 PM         .                    
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11  Senator Atwater moved the following amendment:
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13         Senate Amendment 
14         Lines 4704-4764, delete those lines
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16  and insert:  
17         Section 31.  Subsection (6) of section 440.491, Florida
18  Statutes, is amended to read:
19         440.491  Reemployment of injured workers;
20  rehabilitation.--
21         (6)  TRAINING AND EDUCATION.--
22         (a)  Upon referral of an injured employee by the
23  carrier, or upon the request of an injured employee, the
24  department shall conduct a training and education screening to
25  determine whether it should refer the employee for a
26  vocational evaluation and, if appropriate, approve training
27  and education or other vocational services for the employee.
28  The department may not approve formal training and education
29  programs unless it determines, after consideration of the
30  reemployment assessment, pertinent reemployment status reviews
31  or reports, and such other relevant factors as it prescribes
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                                                  SENATE AMENDMENT
    Bill No. HB 1837, 2nd Eng.
    Amendment No. ___   Barcode 902180
 1  by rule, that the reemployment plan is likely to result in
 2  return to suitable gainful employment. The department is
 3  authorized to expend moneys from the Workers' Compensation
 4  Administration Trust Fund, established by s. 440.50, to secure
 5  appropriate training and education at a community college
 6  established under part III of chapter 240 or at a
 7  vocational-technical school established under s. 230.63, or to
 8  secure other vocational services when necessary to satisfy the
 9  recommendation of a vocational evaluator.  As used in this
10  paragraph, "appropriate training and education" includes
11  securing a general education diploma (GED), if necessary. The
12  department shall establish training and education standards
13  pertaining to employee eligibility, course curricula and
14  duration, and associated costs.
15         (b)  When it appears that an employee who has attained
16  maximum medical improvement is unable to earn at least 50
17  percent of the employee's average weekly wage prior to the
18  injury and requires training and education to obtain suitable
19  gainful employment, the employer or carrier shall pay the
20  employee additional training and education temporary total
21  compensation benefits while the employee receives such
22  training and education for a period not to exceed 104 weeks.
23  The benefits provided under this paragraph shall be included
24  in the 104 weeks as specified in s. 440.15(2) 26 weeks, which
25  period may be extended for an additional 26 weeks or less, if
26  such extended period is determined to be necessary and proper
27  by a judge of compensation claims. However, a carrier or
28  employer is not precluded from voluntarily paying additional
29  temporary total disability compensation beyond that period. If
30  an employee requires temporary residence at or near a facility
31  or an institution providing training and education which is
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    4:00 PM   04/30/03                                h1837b-25j06
                                                  SENATE AMENDMENT
    Bill No. HB 1837, 2nd Eng.
    Amendment No. ___   Barcode 902180
 1  located more than 50 miles away from the employee's customary
 2  residence, the reasonable cost of board, lodging, or travel
 3  must be borne by the department from the Workers' Compensation
 4  Administration Trust Fund established by s. 440.50. An
 5  employee who refuses to accept training and education that is
 6  recommended by the vocational evaluator and considered
 7  necessary by the department will forfeit any additional
 8  training and education benefits and any additional payment for
 9  lost wages under this chapter. The department shall adopt
10  rules to implement this section, which shall include
11  requirements placed upon the carrier to notify the injured
12  employee of the availability of training and education
13  benefits as specified in this chapter. The department shall
14  also include information regarding the eligibility for
15  training and education benefits in informational materials
16  specified in ss. 440.207 and 440.40 is subject to a 50-percent
17  reduction in weekly compensation benefits, including wage-loss
18  benefits, as determined under s. 440.15(3)(b).
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