H.B.
10
INJURED WORKER REEMPLOYMENT AMENDMENTS
House Floor
Amendments
Amendment 1 January 24, 2014 5:20 PM
Representative James A. Dunnigan
proposes the following amendments:
1. Page
11, Line 311
:
311
(b) "Initial written report" means a report
{
required under
}
described in
Subsection (5).
2. Page
12, Lines 338 through 339
:
338
(2)
(a)
This section applies only to an industrial injury or occupational disease that occurs
339
on or after July 1, 1990.
(b) This section is intended to promote and monitor the state's and the employer's capacity to assist the
injured worker in returning to the workforce by evaluating the effectiveness of the voluntary efforts of
employers under this section.
3. Page
12, Lines 343 through 365
:
343
(5) An employer or the employer's workers' compensation insurance carrier
{
shall
}
may
voluntarily
344
prepare an initial written report assessing an injured worker's need or lack of need for
345
vocational assistance in reemployment if:
346
(a) it appears that the injured worker is or will be an injured worker with a disability; or
347
(b) the period of the injured worker's temporary total disability compensation period
348
exceeds 90 days.
349
(6) (a) Subject to Subsection (6)(b), an employer or the employer's workers'
350
compensation insurance carrier
{
shall
}
may
serve the initial written report
, if one has been
prepared,
on the injured worker.
351
(b)
{
An
}
If an employer or the employer's workers' compensation insurance carrier serves
an initial written report on an injured worker, the
employer or the employer's workers' compensation
insurance carrier shall
352
comply with Subsection (6)(a) by no later than 30 days after the earlier of the day on which:
353
(i) it appears that the injured worker is or will be an injured worker with a disability; or
354
(ii) the 90-day period described in Subsection (5)(b) ends.
355
(7) With the initial written report,
if one is prepared and used in the determination process,
an
employer or the employer's workers'
356
compensation insurance carrier shall provide an injured worker information regarding
357
reemployment.
358
(8) Subject to the other provisions of this section, if an injured worker is an injured
359
worker with a disability, the employer or the employer's workers' compensation insurance
360
carrier
{
shall
}
may
, within 10 days after the day on which the employer or workers' compensation
361
insurance carrier serves the initial written report on the injured worker, refer the injured worker
362
with a disability to:
363
(a) the Utah State Office of Rehabilitation; or
364
(b) at the employer's or workers' compensation insurance carrier's option, a private
365
rehabilitation or reemployment service.
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