69L-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 Chapter 1004, Parts II, III, and IV, 1005, F.S., or a career and technical education program defined in paragraph 1003.01(4)(c), F.S. Outside of the State of Florida, a training and 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 interests as 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 rehabilitation 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.

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

Rulemaking Authority 440.491(5), (6), (7), 440.591 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, Formerly 6A-22.001, Amended 3-31-14.