69L-22.008. Reemployment Services and Programs

(1) The Department shall approve 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)(e), F.S., necessary to return the injured employee to suitable gainful employment. The Department will approve reemployment services if:

(a) The vocational assessment is compliant with paragraph 69L-22.006(3)(d), F.A.C.; or

(b) The vocational evaluation contains the information identified in paragraph 69L-22.007(2)(f), F.A.C.; and,

(c) 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 rendering Department approved reemployment services, including vocational evaluations, shall make available to the Department information and documentation to certify that the authorized service(s) were completed pursuant to this rule.

(4) The Department will approve entry into a recommended training and education program at the next available start date.

(5) The Department will not approve training and education programs at a community college when the injured employee must complete more than two (2) remedial courses.

(6) The Department will not approve training and education programs at a career center when the injured employee must remediate more than two (2) grade levels to meet the exit requirements of the program.

(7) The Department will not approve training for a General Education Diploma (GED) longer than two (2) semesters unless the Department has authorized enrollment in a training and education program that runs concurrent with the GED training.

(8) The Department will approve an individual course or multiple courses when it is demonstrated that the skills to be gained are necessary for the injured employee to secure suitable gainful employment.

(9) The Department will approve training and education programs which exceed fifty-two (52) weeks only when there is no program shorter than fifty-two (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 fifty-two (52) weeks, and the injured employee has no formal marketable vocational training and education.

(10) If the Department determines a training and education program is necessary to return the injured employee to suitable gainful employment, the Department shall have the exclusive right to approve training and education 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 facility or provides an overall cost or time savings.

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

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

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), F.S., 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), F.S., as effective on July 1, 2010, shall be approved. Training and education services secured from additional providers must demonstrate an overall cost or time savings.

(11) The Department will not approve the transfer of reemployment services unless the Department determines that the substantially same services are available in the location to which services would be transferred.

(12) The Department will not approve reemployment services if the vocational evaluation does not recommend reemployment services.

Rulemaking Authority 440.491, 440.591 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, Formerly 6A-22.008, Amended 3-31-14, 5-9-16, 9-6-23.