Iowa Code
Chapter 85 - WORKERS’ COMPENSATION
Section 85.70 - Additional payment for attendance — rehabilitation and training — new career vocational training and education program.

85.70 Additional payment for attendance — rehabilitation and training — new career vocational training and education program.
1. An employee who has sustained an injury resulting in permanent partial or permanent total disability, for which compensation is payable under this chapter other than an injury to the shoulder compensable pursuant to section 85.34, subsection 2, paragraph “n”, and who cannot return to gainful employment because of such disability, shall upon application to and approval by the workers’ compensation commissioner be entitled to a one hundred dollar weekly payment from the employer in addition to any other benefit payments, during each full week in which the employee is actively participating in a vocational rehabilitation program recognized by the vocational rehabilitation services division of the department of education. The workers’ compensation commissioner’s approval of such application for payment may be given only after a careful evaluation of available facts, and after consultation with the employer or the employer’s representative. Judicial review of the decision of the workers’ compensation commissioner may be obtained in accordance with the terms of the Iowa administrative procedure Act, chapter 17A, and in section 86.26. Such additional benefit payment shall be paid for a period not to exceed thirteen consecutive weeks except that the workers’ compensation commissioner may extend the period of payment not to exceed an additional thirteen weeks if the circumstances indicate that a continuation of training will in fact accomplish rehabilitation.
2. a. An employee who has sustained an injury to the shoulder resulting in permanent partial disability for which compensation is payable under section 85.34, subsection 2, paragraph “n”, and who cannot return to gainful employment because of such disability, shall be evaluated by the department of workforce development regarding career opportunities in specific fields aligning with postsecondary career and technical education programs that provide instruction in the areas of agriculture, family and consumer sciences, health occupations, business, industrial technology, and marketing, that allow for accommodation of the employee’s disability and to determine if the employee would benefit from participation in the new career vocational training and education program offered through an area community college, that will allow the employee to return to the workforce.
b. Upon completion of the evaluation and a determination by the department that the employee is a candidate for the new career vocational training and education program, the employee shall be referred by the department to the community college that is in the closest proximity to the employee’s residence, or upon agreement of the department and the employee, to the community college that offers a vocational training and education program that best meets the employee’s needs, for enrollment in the new career vocational training and education program at the community college for the purpose of providing the employee with occupational training that will result in, at a minimum, the awarding of an associate degree or completion of a certificate program and will enable the employee to return to the workforce. If an employee does not enroll in the new career vocational training and education program at the community college to which the employee has been referred by the department within six months after the referral, the employee is no longer eligible to participate in the program.
c. The employee shall be entitled to financial support from the employer or the employer’s insurer for participation in the new career vocational training and education program in a total amount not to exceed fifteen thousand dollars to be used for the payment of tuition and fees and the purchase of required supplies. The community college in which an employee is enrolled pursuant to the program shall bill the employer or the employer’s insurer for the employee’s tuition and fees each semester, or the equivalent, that the employee is enrolled in the program. The employer or the employer’s insurer shall also pay for the purchase of supplies required by the employee to participate in the program, upon receipt of documentation from the employee detailing the cost of the supplies and the necessity for purchasing the supplies. Such documentation may include written course requirements or other documentation from the community college or the course instructor regarding the necessity for the purchase of certain supplies.
d. The employer or the employer’s insurer may request a periodic status report each semester from the community college documenting the employee’s attendance and participation in and completion of the career vocational training and education program. If an employee does not meet the attendance requirements of the community college at which the employee is enrolled or does not maintain a passing grade in each course in which the employee is enrolled each semester, or the equivalent, the employee’s eligibility for continued participation in the program is terminated.
e. The community college shall also provide the employer or the employer’s insurer with documentation detailing that the receipt of funds by the community college pursuant to this subsection is for the payment of tuition and fees and the purchase of required supplies.
f. Beginning on or before December 1, 2018, the department of workforce development, in cooperation with the department of education, the insurance division of the department of commerce, and all community colleges that are participating in the new career vocational training and education program, shall prepare an annual report for submission to the general assembly that provides information about the status of the program including but not limited to the utilization of and participants in the program, program completion rates, employment rates after completion of the program and the types of employment obtained by the program participants, and the effects of the program on workers’ compensation premium rates.
[C71, 73, 75, 77, 79, 81, §85.70]
96 Acts, ch 1127, §1; 98 Acts, ch 1061, §11; 2003 Acts, ch 44, §114
; 2004 Acts, 1st Ex, ch 1001, §13, 18
; 2017 Acts, ch 23, §18; 2018 Acts, ch 1041, §32

Structure Iowa Code

Iowa Code

Title III - PUBLIC SERVICES AND REGULATION

Chapter 85 - WORKERS’ COMPENSATION

Section 85.1 - Inapplicability of chapter.

Section 85.1A - Proprietors, limited liability company members, limited liability partners, and partners.

Section 85.2 - Public employees — chapter compulsory.

Section 85.3 - Acceptance presumed — notice to nonresident employers.

Section 85.16 - Willful injury — intoxication.

Section 85.18 - Contract to relieve not operative.

Section 85.20 - Rights of employee exclusive.

Section 85.21 - Payments concerning liability disputes.

Section 85.22 - Liability of others — subrogation.

Section 85.23 - Notice of injury — failure to give.

Section 85.24 - Form of notice.

Section 85.25 - Service of notice.

Section 85.26 - Limitation of actions — who may maintain action.

Section 85.27 - Services — release of information — charges — payment — debt collection prohibited.

Section 85.28 - Burial expense.

Section 85.29 - Liability in case of no dependents.

Section 85.30 - Maturity date and interest.

Section 85.31 - Death cases — dependents.

Section 85.32 - When compensation begins.

Section 85.33 - Temporary total and temporary partial disability.

Section 85.34 - Permanent disabilities.

Section 85.35 - Settlements.

Section 85.36 - Basis of computation.

Section 85.37 - Compensation schedule.

Section 85.38 - Reduction of obligations of employer.

Section 85.39 - Examination of injured employees.

Section 85.40 - Statement of earnings.

Section 85.41 - Refusal to furnish statement.

Section 85.42 - Conclusively presumed dependent.

Section 85.43 - Payment to spouse.

Section 85.44 - Payment to actual dependents.

Section 85.45 - Commutation.

Section 85.47 - Basis of commutation.

Section 85.48 - Partial commutation.

Section 85.49 - Trustees for minors and dependents.

Section 85.50 - Report of trustee.

Section 85.51 - Alien dependents in foreign country.

Section 85.52 - Consular officer as trustee.

Section 85.53 - Notice to consular officer.

Section 85.54 - Contracts to avoid compensation.

Section 85.55 - Franchisor-franchisee relationship.

Section 85.56 - Employees in interstate commerce.

Section 85.59 - Benefits for inmates and offenders.

Section 85.60 - Injuries while in work-based learning opportunity, employment training, or evaluation.

Section 85.61 - Definitions.

Section 85.62 - Inmates of county jail.

Section 85.63 - Title of Act.

Section 85.64 - Limitation of benefits.

Section 85.65 - Payments to second injury fund.

Section 85.65A - Payments to second injury fund — surcharge on employers.

Section 85.66 - Second injury fund — creation — custodian.

Section 85.67 - Administration of fund — special counsel — payment of award.

Section 85.68 - Actions — collection of payments — subrogation.

Section 85.69 - Federal contributions.

Section 85.70 - Additional payment for attendance — rehabilitation and training — new career vocational training and education program.

Section 85.71 - Injury outside of state.

Section 85.72 - Claims for benefits made outside of state — restrictions — credit.