6A-22.004. Notice Requirements (Transferred)

(1) If an injured employee remains unemployed 180 days after the date of accident and is receiving compensation, the carrier shall notify the injured employee in writing within 190 days of the date of accident of the availability of a Department screening.

(2) A carrier shall use the following written notice: “Your continuing disability indicates you may be unable to perform the duties of the job held at the time of your work-related injury. If this is correct and you are unable to return to work in any capacity with your current employer or find other employment which would allow you to earn your pre-injury wages, you may be eligible for a screening for reemployment services from the State of Florida, Department of Financial Services. Upon receipt of your request, the Department will assess your case to determine what services are necessary to return you to suitable gainful employment. Reemployment services that you may be eligible for include job seeking skills training, counseling, referrals to other agencies, job market information, transferable skills analysis, job development, job placement, job analysis, job modification, vocational testing, vocational evaluation, on-the-job training, securing a general education diploma (GED), or formal training and education. Additionally, if you have reached maximum medical improvement and are unable to earn at least eighty (80) percent of your compensation rate, the carrier shall pay training and education temporary total disability benefits for a period up to twenty-six (26) weeks upon beginning a Department approved retraining program or the carrier may elect to pay temporary partial disability/wage loss benefits if you earn wages as the result of on-the-job training or work while enrolled in a program. An additional twenty-six (26) weeks may be approved if deemed necessary by the Judge of Compensation Claims. If your date of accident occurred on or after October 1, 2003, the aboe benefits shall not be in addition to the 104 weeks’ maximum number of weeks payable for temporary total disability benefits prior to reaching maximum medical improvement. To request a screening, contact the Bureau of Employee Assistance and Ombudsman Office at 1(800)342-1741 and ask to speak with a staff person in the Reemployment Services Section.

(3) The carrier shall send a copy of this notification to the Department of Financial Services, Bureau of Employee Assistance and Ombudsman Office, Reemployment Services Section, 200 East Gaines Street, Tallahassee, Florida 32399-4225 within ten days of mailing the notification to the injured employee.

Rulemaking Authority 440.491(5), (6), (8), 440.591 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, Formerly 6A-22.004.