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.


Page 1 of 2
LRGC powen powen