The purpose of this rule development is to make the following changes: References to “qualified rehabilitation provider” are revised to “rehabilitation provider,” as the Department no longer is authorized to qualify rehabilitation providers. The ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-22.001: Definitions
6A-22.002: Rehabilitation Provider Qualifications
6A-22.003: Reemployment Status Review
6A-22.0031: Reemployment Assessments
6A-22.004: Notice Requirements
6A-22.005: Carrier Referrals for Services
6A-22.006: Screening Process
6A-22.007: Vocational Evaluations
6A-22.008: Reemployment Services and Programs
6A-22.009: Employee Responsibilities
6A-22.010: Reporting Services and Costs: Qualified Rehabilitation Provider and Employer or Carrier Responsibilities
6A-22.011: List of Forms
6A-22.012: Expenditures from the Workers' Compensation Administrative Trust Fund
PURPOSE AND EFFECT: The purpose of this rule development is to make the following changes: References to “qualified rehabilitation provider” are revised to “rehabilitation provider,” as the Department no longer is authorized to qualify rehabilitation providers. The following definitions are deleted: subsection 6A-22.001(9), F.A.C., defining Rehabilitation Company; subsection 6A-22.001(10), F.A.C., defining Rehabilitation Facility; subsection 6A-22.001(12), F.A.C., defining Unemployed; subsection 6A-22.001(13), F.A.C., defining vocational evaluator; subsection 6A-22.001(14), F.A.C., defining Vocational specialist. The following rules are to be repealed, as the Department no longer has rulemaking authority for them: Rule 6A-22.002, F.A.C., Rehabilitation provider qualifications; Rule 6A-22.003, F.A.C., Reemployment status review; Rule 6A-22.0031, F.A.C., Reemployment assessments; Rule 6A-22.004, F.A.C., Notice requirements; Rule 6A-22.005, F.A.C., Carrier referral for services; and Rule 6A-22.010, F.A.C., Reporting Services and Costs; Qualified Rehabilitation Provider and Employer or Carrier Responsibilities. The definition of “Labor market” in subsection 6A-22.001(6), F.A.C., is revised. Reference to forms DWC 21, DWC 22, DWC 96, and File Layouts for Electronic Submission for DWC 21 and DWC 22, is deleted in subsection 6A-22.011(1), F.A.C. Reference to “sponsor,” “sponsored,” and “sponsorship” are replaced with “approve,” “approved,” and “approval” respectively throughout. References to “training,” “education,” and “educational” are revised to “training and education.” An “Individualized Written Plan for Employment” is defined in revised subsection 6A-22.001(5), F.A.C., and is added in Employee Responsibilities, revised paragraph 6A-22.009(1)(b), F.A.C.
SUBJECT AREA TO BE ADDRESSED: Reemployment Services – Workers’ Compensation.
RULEMAKING AUTHORITY: 440.491 FS.
LAW IMPLEMENTED: 440.491 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Reginald L. Watkins, Bureau Chief, 2002 Old St. Augustine Rd., Bldg. A, Tallahassee, FL 32301

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

6A-22.001 Definitions.

(1) “Customary residence” is the injured employee’s place of permanent residence. Whenever the injured employee changes his or her permanent residence, the customary residence changes also.

(2) “Customary vicinity” is the distance traveled by the injured employee from his customary residence to his place of employment at the time of injury.

(3) “Training and Education program” means a formal course of study or a certificate program in a training and education facility, agency or institution operating under Chapters 1004, Parts II, III, and IV, 1005, F.S., or a career and technical education program defined in Section 1003.01(4)(c), F.S., which states: “At the post secondary education level, courses of study that provide competencies needed for entry into specific occupations or for advancement within an occupation.” Outside of the State of Florida, a training and an education program shall be approved as governed by comparable statutes of that state.

(4) “Good cause” is termination resulting from employee conduct:

(a) Evincing such willful or wanton disregard of an employer’s interestsas is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of his employee; or

(b) Carelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design, or to show an intentional and substantial disregard of an employer’s interests or of the employee’s duties and obligations to his employer.

(5) “Individualized Written Reemployment Program” (IWRP) means a written plan which identifies the injured employee’s return to work goals and barriers to employment, the types of reemployment services to be provided, the estimated costs of services, the provider of such services, comparable services from other agencies, and the estimated length of time required to attain the goals of the plan.  The plan shall be signed by the injured employee acknowledging their responsibilities in the plan and a Department representative acknowledging the plan was discussed with the injured employee is an individualized written rehabilitation program as defined in the Rehabilitation Act of 1973, 29 U.S.C. §§ 701, et seq.

(6) “Labor market” means the availability of employment within an area not to exceed a fifty (50) mile radius of the injured employee’s customary residence.

(7) “On-the-job training (OJT) contractor” is a qualified rehabilitation provider or employee of a public or private agency which has entered into a contract with the Department for the provision of on-the-job development and follow-up services.

(8) “On-the-job training (OJT) contract” is a contract between an employer, injured employee and the Department in which an employer agrees to hire an injured employee subject to the same working conditions and benefits as all other similarly situated employees. Pursuant to the contract, the employer shall provide training and adequate supervision to enable the injured employee to achieve predetermined competencies to assist the injured employee to return to suitable gainful employment.

(9) “Rehabilitation Company” means a business entity such as a corporation or partnership which employs or contracts to provide services pursuant to Section 440.491, F.S. All services provided by a carrier or a rehabilitation company under Section 440.491, F.S., shall be provided only by an individual who is a qualified rehabilitation provider or a facility that is a qualified rehabilitation provider. Neither the employment status of the person providing the services, nor the main method of communication in providing the services negates the statutory requirement that a person providing such services must be a qualified rehabilitation provider.

(10) “Rehabilitation Facility” means an institution or agency accredited by the Commission on Accreditation of Rehabilitation Facilities (CARF) for a specific vocational rehabilitation program.

(9)(11) “Test-site” is a Department approved location that may be inspected by the Department, to be used by a qualified rehabilitation provider for vocational evaluation and assessment services.

(12) “Unemployed” means that the injured employee is not receiving wages for services or labor performed for an employer.

(13) A vocational evaluator is:

(a) A rehabilitation counselor as defined in paragraph 6A-22.002(1)(b), F.A.C., who is qualified thereby to make vocational assessments as herein defined and is employed by the Department; or

(b) A vocational evaluator as defined in paragraph 6A-22.002(1)(c), F.A.C., who is qualified thereby to perform vocational evaluations as herein defined and in Section 440.491(1)(i), F.S., and is employed by the Department; or

(c) A vocational evaluator as defined in paragraph 6A-22.002(1)(c), F.A.C., who is approved by the Department to perform vocational evaluations as herein defined and in Section 440.491(1)(i), F.S., and is employed privately.

(14) “Vocational specialist” means an individual who possesses:

(a) A master’s degree in vocational rehabilitation (counseling, evaluation, adjustment); or

(b) Is certified by the Commission on Rehabilitation Counselor Certification, or by the Commission on Certification of Work Adjustment and Vocational Evaluation Specialists; and

(c) Is employed by a CARF-accredited facility.

Rulemaking Authority 440.491(5), (6), (7) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 2-9-00, 6-26-01, Formerly 38F-55.001, Amended 5-5-04, 5-7-09,_______.

 

6A-22.002 Rehabilitation Provider Qualifications.

Rulemaking Authority 440.491(7) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.002, Amended 5-5-04, 2-22-05, 5-7-09, Repealed________.

 

6A-22.003 Reemployment Status Review.

Rulemaking Authority 440.491(3), (4), (5), (6), (8) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.005, Amended 5-7-09, Repealed________.

 

6A-22.0031 Reemployment Assessments.

Rulemaking Specific Authority 440.491(7)(e) FS. Law Implemented 440.491 FS. History–New 5-5-04, Repealed________.

 

6A-22.004 Notice Requirements.

Rulemaking Authority 440.491(5), (6), (8) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.006, Amended 3-1-05, 5-7-09, Repealed________.

 

6A-22.005 Carrier Referrals for Services.

Rulemaking Specific Authority 440.491(5), (6), (8) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.008, Repealed________.

 

6A-22.006 Screening Process.

(1) A request for screening is made using a form DWC-23. Before the Department will consider a request complete and initiate a screening, the injured employee must sign the form DWC-23.

(2) The screening process shall consist of:

(a) A review of all available medical and vocational documentation relevant to the compensable injury to determine whether the injured employee is able to perform the duties of the pre-injury occupation; and

(b) A review of the documentation which supports the payment of temporary partial disability and wage loss benefits to determine the injured employee’s inability to obtain suitable gainful employment because of his injury; and

(c) An interview with the injured employee.

(d) A vocational assessment. The vocational assessment shall determine the relevance and weight of the following factors in the case: the permanent physical restrictions, if any, present in the case; the availability of employment with the employer at the time of the injury; the injured employee’s transferable skills and the labor market; whether the injured employee conducted an unsuccessful job search, and the reasons the job search was unsuccessful; the injured employee’s education and academic skills and vocational education; the injured employee’s motivation; the injured employee’s financial ability to complete a training and education program; and the availability of transportation to allow the injured employee to complete a training and education program. The vocational assessment shall determine whether the injured employee is ineligible to receive reemployment services, or is eligible to receive reemployment services. If the injured employee is eligible to receive services, the vocational assessment shall determine which of the following shall be offered to the injured employee: placement, and/or on-the-job training, and/or a vocational an evaluation, and/or a training and education re-training program costing less than $2,500 and lasting twelve (12) six (6) months or less.

(3)(e) A rehabilitation provider counselor or vocational evaluator providing vocational assessments shall:

(a)1. Conduct an initial interview with the injured employee;

(b)2. Submit to the Department within thirty (30) calendar days of the initial interview a written report which shall address each of the vocational assessment factors enumerated above and discuss how the provision of the recommended service(s) will facilitate reemployment;

(c)3. Conduct an exit interview with the injured employee; and

(d)4. Submit to the Department within ten (10) days of submission of the written report a statement of acknowledgement of the vocational assessment signed by the injured employee and the rehabilitation provider counselor or vocational evaluator.

(4)(3) The carrier shall provide, within 10 business days of receipt of a request from the Department, any medical, vocational, and other requested documents or reports related to the injured employee’s workers’ compensation case.

(5)(4) The Department may request the information directly from the authorized treating physician(s), or qualified rehabilitation provider(s), or obtain the services of an expert medical adviser to identify the injured employee’s ability to return to work, permanent impairment rating, and permanent work restrictions.

(6)(5) The Department may provide the following vocational assessment services as part of the screening process to determine eligibility: orientation, employability skills training, counseling, vocational testing, transferable skills analysis, labor market surveys, vocational assessment services, job analysis and evaluation.

(7)(6) The Department shall not provide any reemployment services, including a vocational evaluation unless the injured employee provides documentation to establish identity and employment eligibility. Such documentation shall be consistent with the acceptable documents for verifying identity and employment eligibility as required by the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services’ Form 1-9, Justice, Immigration and Naturalization Service’s Employment Eligibility Verification Form I-9 (Rev. 08/07/09 11-21-91).

(8)(7) The Department shall not provide a vocational evaluation or any reemployment services when form DWC-23, which is signed by the injured employee, is received by the Department more than one (1) year from the date of last payment of indemnity benefits or the furnishing of remedial treatment, care, or attendance from the employer or carrier.

(9)(8) Following a Department screening the Department shall not provide any additional reemployment services or refer the injured employee for a vocational evaluation:

(a) If the injured employee’s medical condition is unresolved or unstable, until such time as the medical condition becomes stable; or

(b) If the injured employee has reached maximum medical improvement and returned to and maintained suitable gainful employment for at least ninety (90) calendar days; or

(c) If the injured employee refuses to accept reemployment services from the Department.

(9) The Department shall not refer the injured employee for a vocational evaluation if the injured employee:

(a) Has returned to suitable gainful employment as a result of placement services provided by the Department; or

(b) Has no documented permanent physical restrictions related to the injury; or

(c) Has transferable skills which would allow return to work in suitable gainful employment; or

(d) Was terminated by the employer for good cause unrelated to the injury or any restrictions or limitations resulting therefrom; or

(e) Terminated suitable gainful employment for reasons unrelated to the injury.

Rulemaking Authority 440.491(6) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.009, Amended 5-5-04, 5-7-09,_________.

 

6A-22.007 Vocational Evaluations.

(1) The provision of Department sponsored vocational evaluations shall be limited to one per injured employee, per date of accident. Vocational evaluations shall be adapted to the specific needs of an injured employee to insure validity.

(2) A vocational evaluator under contract with the Department to provide vocational evaluations shall: The Department shall accept a vocational evaluation only if the vocational evaluation meets the requirements of and contains the information identified in paragraph 6A-22.010(2)(e), F.A.C.

(a) Ensure any test site used for Department sponsored vocational evaluations meets the definition of “test site” set forth in subsection 6A-22.001(9), F.A.C.; and

(b) Be responsible for the administration, scoring and interpretation of all testing instruments and work samples used as part of the vocational evaluation process; and

(c) Remove or cure conditions that invalidate test results; and

(d) Provide adaptive evaluation tools or techniques to accommodate any physical or functional disability or language barrier; and

(e) Conduct an initial interview with the injured employee; and

(f) Submit to the Department, within thirty (30) calendar days of Department approval of services, a written report which shall:

1. Include an interpretation of testing instruments and work samples used, specifying the form and level of tests, percentile scores, norm groups, grade levels, standard scores and stanine scores as applicable to the test instrument; and

2. Identify the injured employee’s physical and intellectual capabilities, aptitudes, achievements, work related behaviors, and interests. The interests of the injured employee alone cannot be the only basis for the vocational evaluator’s recommendation; and

3. Identify residual or transferable skills; and

4. Identify the most appropriate vocational objectives; and

5. Identify which reemployment service(s) are necessary for the injured employee to return to suitable gainful employment; and

6. Discuss how the provision of the recommended service(s) will facilitate reemployment; and

7. When a training and education program is recommended, include the rationale for the recommended program, the entrance, enrollment and exit requirements of the program, the anticipated program costs and the proximity of the program to the injured employee’s customary residence.

(g) Conduct an exit interview with the injured employee.

(h) Submit to the Department, within ten (10) days of submission of the written report, the original receipt statement signed by the injured employee and the vocational evaluator.

(3) Any rehabilitation provider or employee of the Department or other public or private agencies administering, scoring and interpreting testing instruments shall have the training and education required by the publisher of the testing instrument.

(4) Testing instruments, including work samples, used in vocational evaluations, reemployment assessments or other reemployment service activities may be administered and scored under the supervision of a rehabilitation provider. Testing instruments shall be interpreted by the rehabilitation provider with whom the contract for services is authorized.

(5) When necessary to refer an injured employee to the State Division of Vocational Rehabilitation program established under Chapter 413, Florida Statutes, for a vocational evaluation, the vocational evaluation shall be conducted by persons qualified by and in accordance with the statutes, regulations, rules, policies, and procedures controlling the State Division of Vocational Rehabilitation. Any vocational rehabilitation services resulting from the vocational evaluation shall be provided in accordance with the State Division of Vocational Rehabilitation statutes, regulations, rules, policies and procedures, unless a referral back for reemployment services as defined in Section 440.491(1)(f), Florida Statutes, is made.

Rulemaking Specific Authority 440.491(5), (6), (8) FS. Law Implemented 440.491 FS. History–New 7-1-96, Formerly 38F-55.010, Amended_________.

 

6A-22.008 Reemployment Services and Programs.

(1) The Department shall approve sponsorship of reemployment services provided through an on-the-job training program, job placement or a training and education program when recommended in a Department reemployment plan.

(2) When the Department provides a vocational assessment or a vocational evaluation to the injured employee, the vocational assessment or vocational evaluation shall determine the reemployment services, such as are enumerated without limitation in Section 440.491(1)(f), F.S., necessary to return the injured employee to suitable gainful employment. The Department will approve and sponsor reemployment services if:

(a) The vocational assessment or vocational evaluation is completed by a qualified rehabilitation provider counselor or the vocational evaluation is completed by a vocational evaluator approved by the Department, as the case may be; and

(b) The vocational assessment is compliant with paragraph 6A-22.006(2)(d), F.A.C., or

(c) The vocational evaluation contains the information identified in paragraph 6A-22.007(2)(f) 6A-22.010(2)(e), F.A.C., and

(d) The vocational evaluation demonstrates that the injured employee:

1. Has no transferable skills which would allow for return to suitable gainful employment with the same employer in the same, different or modified job or a new employer in the same, modified or different job; or

2. Requires additional Department sponsored reemployment services to enable the injured employee to return to suitable gainful employment.

(3) Upon request a rehabilitation provider providing a Department approved reemployment service, including a vocational evaluation, shall make available to the Department information and documentation to certify that the authorized service that was rendered is complete pursuant to this rule.

(4) Failure of a rehabilitation provider providing Department approved reemployment services to submit the written report and additional information and documentation as required by this rule shall result in the:

(a) Reassignment of the case,

(b) Termination of the contract,

(c) Forfeiture of any monies owing at the time of termination of contract.

(5)(3) The Department shall approve training and education sponsor retraining programs which exceed 52 weeks only when there is no program shorter than 52 weeks which would enable the injured employee to return to suitable gainful employment, the injured employee provides a plan for living expenses during the period in excess of 52 weeks, and one of the following conditions apply:

(a) The injured employee has no formal marketable vocational training and education; or

(b) The injured employee has documented physical restrictions as a result of the injury.

(6)(4) If the Department determines a training and education program is necessary to return an injured employee to suitable gainful employment, the Department shall have the exclusive right to determine and approve the training and education educational programs and facilities at which to sponsor the injured employee.

(a) For all dates of accidents, training and education programs which only accept students from an applicant pool after the students complete a prerequisite curriculum may be approved only if the injured employee presents evidence of acceptance into such program.

(b) For dates of accident October 1, 1989 through and including September 30, 2003, training and education programs at private training and education facilities shall not be approved unless such recommended training and education is not offered at a public training and education educational facility or provides an overall cost/time savings to the Workers’ Compensation System, which can be justified.

1. Baccalaureate or Graduate level studies may be approved only if the training and education program builds capitalizes on prior training and education and/or aptitudes, and

2. The program under consideration firmly establishes marketability toward suitable gainful employment for that injured employee, and

3. The injured employee presents evidence of acceptance into a degree program prior to the Department’s Disposition letter of approval, and

4. The program does not exceed the level of a Master’s degree.

(c) For dates of accident on or after October 1, 2003 through and including June 30, 2010, only programs which are consistent with the requirements found in Section 440.491(6)(a), Florida Statutes, as effective on October 1, 2003, shall be approved.

(d) For dates of accident on or after July 1, 2010, only training and education programs which are consistent with the requirements found in Section 440.491(6)(a), Florida Statutes, as effective on July 1, 2010, shall be approved. Training and education services secured from additional providers must demonstrate an overall cost / time savings to the Workers’ Compensation System.

(7)(5) The Department shall not transfer its approval sponsorship of reemployment services outside the range of the labor market survey unless the Department determines that the substantially same services are available in the location to which they would be transferred a labor market survey for the new area supports the specific recommendation of the vocational evaluation.

(8)(6) The Department shall not approve sponsor reemployment services if the vocational evaluation does not recommend reemployment services.

Rulemaking Authority 440.491(5), (6) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 2-9-00, 6-26-01, Formerly 38F-55.011, Amended 3-1-05, 5-7-09,________.

 

6A-22.009 Employee Responsibilities.

(1) Upon approval of Department sponsored reemployment services, the injured employee and Department staff shall sign and date:

(a) A a Department and student agreement for approval sponsorship of training and education form DWC-24, which is incorporated by reference in Rule 6A-22.011, F.A.C., and

(b) An Individualized Written Reemployment Plan.

(2) An employee who refuses retraining and education after the recommendation of a vocational evaluator and approval by the Department, will forfeit his or her entitlement to further training and education benefits, as well as additional payment for lost wages under Chapter 440, F.S. The following shall not be deemed a refusal of training and education:

(a) Failure to participate in a recommended retraining program due to medical instability; or

(b) Failure to participate in a recommended retraining program due to an adverse change in the employee’s medical status; or

(c) Failure to participate in a recommended retraining program due to the school’s failure to offer the approved program; or

(d) Failure to participate in a recommended retraining program due to a family medical emergency.

Rulemaking Authority 440.491(5), (6) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.012, Amended 3-1-05, 5-7-09,________.

 

6A-22.010 Reporting Services and Costs: Qualified Rehabilitation Provider and Employer or Carrier Responsibilities.

Rulemaking Authority 440.491(5), (6), (7) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.013, Amended 5-5-04, 5-7-09, Repealed________.

 

6A-22.011 List of Forms.

(1) Forms DWC-21, Reemployment Services Billing Form; DWC-22, Reemployment Status Review Form; DWC-23, Request for Screening; and DWC-24 Department and Student Agreement for Approval Sponsorship of Training and Education; DWC-96, Qualified Rehabilitation Provider Application; File Layout for Electronic Submission, Revision A Record Length: 1000 Header Record Layout for DWC-22, and File Layout for Electronic Submission, Revision C Record Length: 1200 Header Record Layout for DWC-21 and accompanying instructions are incorporated by reference as part of this rule to become effective with the effective date of this rule. Each form shall be typed or legibly completed in order for the form to be considered properly filed or submitted with the Department.

(a) The carrier shall submit the form DWC-21 to the Department.

(b) Reemployment status review form shall be submitted to the Department on form DWC-22.

(a)(c) Request for screening form shall be submitted to the Department on form DWC-23.

(b)(d) Department and student agreement for approval sponsorship of training and education form shall be completed on form DWC-24.

(e) Qualified rehabilitation provider application shall be submitted to the Department on form DWC-96.

(2) A copy of the forms and accompanying instructions incorporated by subsection 6A-22.011(1), F.A.C., may be obtained from the Department of Education, Division of Vocational Rehabilitation, Bureau of Rehabilitation and Reemployment Services, 2002 Old St. Augustine Road, Building A 2728 Centerview Drive, Suite 101A, Forrest Building, Tallahassee, Florida 32301-4862 32399-0400. Copies are also available at the following Department web site: http://www.rehabworks.org/index.cfm?fuseaction=Submain.W orkersComp.

Rulemaking Authority 440.491(5), (6), (7) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 6-26-01, Formerly 38F-55.014, Amended 5-5-04, 5-7-09,________.

 

6A-22.012 Expenditures from the Workers’ Compensation Administrative Trust Fund.

(1) The Department shall authorize reimbursement for reemployment services received from qualified rehabilitation providers from the Workers’ Compensation Administration Trust Fund at a maximum rate of $55.00 per hour. The total reimbursement for a vocational an evaluation may not exceed $1,100.00 per vocational evaluation.

(2) The Department shall expend funds from the Workers’ Compensation Administration Trust Fund only:

(a) For vocational evaluations and training and education retraining for dates of accident on or after October 1, 1989 through December 31, 1993, and

(b) For vocational evaluations, training and education and reemployment services authorized by the Department pursuant to Chapter 6A-22, F.A.C., for dates of accident on or after January 1, 1994.

(3) The maximum cost the Department shall expend for an approved training and education retraining plan shall not exceed 85% of the injured employee’s pre-injury average weekly wages as calculated on an annual basis, which amount shall include:

(a) Pre-approved costs for fees, tuition, books and special supplies required by the approved training and education program curriculum, and

(b) Pre-approved costs for board, lodging, and travel at the rate currently allowed for state employees when an approved training and education program requires temporary relocation for participation, or

(c) Pre-approved mileage reimbursement at the rate currently allowed for state employees for mileage to the training and education facility in excess of 50 miles, one-way, using the most direct route from the injured employee’s customary residence. Mileage expense will not be reimbursed or paid by the Department when the training and education facility is less than 50 miles from the injured employee’s customary residence at the time of approval for training and education.

(4) The Department shall pay from the Workers’ Compensation Administration Trust Fund the direct costs to employers for on-the-job training according to the reimbursement schedule negotiated in the on-the-job training contract.

(5) The Department shall not reimburse or pay for any reemployment services independently initiated or obtained by the injured employee without prior written approval from the Department of the proposed reemployment plan recommending such reemployment services, including any expenses associated with training and retraining or education.

(6) The Department shall reimburse travel associated with the provision of reemployment services at a rate not to exceed one-half (1/2) the professional rate at which the services were contracted.

(7) The Department shall have exclusive jurisdiction over any dispute involving a claim made against it or the Workers’ Compensation Administration Trust Fund for reemployment services, vocational evaluations, training and education, and rehabilitation.

(8) The Office of the Judge of Compensation Claims shall have jurisdiction over claims relating to additional temporary total disability compensation provided in Section 440.491(6)(b), F.S.

Rulemaking Authority 440.491(5), (6), (7), (8) FS. Law Implemented 440.491 FS. History–New 7-1-96, Amended 12-2-98, 6-26-01, Formerly 38F-55.015, Amended 5-7-09,________.