Florida Regulations 69L-22.012: Expenditures from the Workers’ Compensation Administration Trust Fund
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(1) The Department shall authorize reimbursement for reemployment services received from rehabilitation providers from the Workers’ Compensation Administration Trust Fund at a maximum rate of $85.00 per hour. The total reimbursement for a vocational evaluation may not exceed $1,100.00 per evaluation.
(2) The Department shall expend funds from the Workers’ Compensation Administration Trust Fund only:
(a) For vocational evaluations and training and education for dates of accident on or after October 1, 1989 through December 31, 1993; and,
(b) For vocational evaluations, training and education and reemployment services for dates of accident on or after January 1, 1994.
(3) The maximum cost the Department shall expend for an approved training and education plan shall not exceed 85% of the injured employee’s pre-injury average weekly wages as calculated on an annual basis, which amount shall include:
(a) Pre-approved costs for fees, tuition, books and special supplies required by the approved training and education program curriculum. The Department will not pay for more than seventy-three (73) credit hours, which shall include any required remedial course work;
(b) Pre-approved costs for board, lodging, and travel at the rate currently allowed for state employees when an approved training and education program requires temporary relocation for participation; or pre-approved mileage reimbursement at the rate currently allowed for state employees for mileage to the training and education facility in excess of 50 miles, one-way, using the most direct route from the injured employee’s customary residence. Mileage expense will not be reimbursed or paid by the Department when the training and education facility is less than 50 miles from the injured employee’s customary residence at the time of approval for training and education;
(c) One-time, pre-approved costs for certification examinations as recommended in a vocational evaluation or vocational assessment; and
(d) Pre-approved costs for the General Education Diploma (GED) one (1) time per date of accident. Costs shall be limited to:
1. One pre-GED test which shall include all GED subject areas;
2. Not more than two (2) semesters of GED preparation or remediation;
3. One GED test; and,
4. If the injured employee does not pass all GED subtests, up to two (2) re-tests per subject area.
(4) The Department shall pay from the Workers’ Compensation Administration Trust Fund the direct costs to employers for on-the-job training according to the reimbursement schedule negotiated in the on-the-job training contract.
(5) The Department shall not reimburse or pay for any reemployment services independently initiated or obtained by the injured employee without prior written approval from the Department of the proposed reemployment plan recommending such reemployment services, including any expenses associated with training and education.
(6) The Department shall reimburse travel associated with the provision of reemployment services at a rate not to exceed one-half (1/2) the professional rate at which the services were contracted.
(7) The Department shall have exclusive jurisdiction over any dispute involving a claim made against it or the Workers’ Compensation Administration Trust Fund for reemployment services, vocational evaluations, training and education, and rehabilitation.
(8) The Office of the Judge of Compensation Claims shall have jurisdiction over claims relating to additional temporary total disability compensation provided in Section 440.491(6)(b), F.S.
Rulemaking Authority 440.491, 440.591 FS. Law Implemented Florida Statutes § 440.491. History-New 7-1-96, Amended 12-2-98, 6-26-01, Formerly 38F-55.015, Amended 5-7-09, Formerly 6A-22.012, Amended 3-31-14, 9-6-23.
Terms Used In Florida Regulations 69L-22.012
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(a) For vocational evaluations and training and education for dates of accident on or after October 1, 1989 through December 31, 1993; and,
(b) For vocational evaluations, training and education and reemployment services for dates of accident on or after January 1, 1994.
(3) The maximum cost the Department shall expend for an approved training and education plan shall not exceed 85% of the injured employee’s pre-injury average weekly wages as calculated on an annual basis, which amount shall include:
(a) Pre-approved costs for fees, tuition, books and special supplies required by the approved training and education program curriculum. The Department will not pay for more than seventy-three (73) credit hours, which shall include any required remedial course work;
(b) Pre-approved costs for board, lodging, and travel at the rate currently allowed for state employees when an approved training and education program requires temporary relocation for participation; or pre-approved mileage reimbursement at the rate currently allowed for state employees for mileage to the training and education facility in excess of 50 miles, one-way, using the most direct route from the injured employee’s customary residence. Mileage expense will not be reimbursed or paid by the Department when the training and education facility is less than 50 miles from the injured employee’s customary residence at the time of approval for training and education;
(c) One-time, pre-approved costs for certification examinations as recommended in a vocational evaluation or vocational assessment; and
(d) Pre-approved costs for the General Education Diploma (GED) one (1) time per date of accident. Costs shall be limited to:
1. One pre-GED test which shall include all GED subject areas;
2. Not more than two (2) semesters of GED preparation or remediation;
3. One GED test; and,
4. If the injured employee does not pass all GED subtests, up to two (2) re-tests per subject area.
(4) The Department shall pay from the Workers’ Compensation Administration Trust Fund the direct costs to employers for on-the-job training according to the reimbursement schedule negotiated in the on-the-job training contract.
(5) The Department shall not reimburse or pay for any reemployment services independently initiated or obtained by the injured employee without prior written approval from the Department of the proposed reemployment plan recommending such reemployment services, including any expenses associated with training and education.
(6) The Department shall reimburse travel associated with the provision of reemployment services at a rate not to exceed one-half (1/2) the professional rate at which the services were contracted.
(7) The Department shall have exclusive jurisdiction over any dispute involving a claim made against it or the Workers’ Compensation Administration Trust Fund for reemployment services, vocational evaluations, training and education, and rehabilitation.
(8) The Office of the Judge of Compensation Claims shall have jurisdiction over claims relating to additional temporary total disability compensation provided in Section 440.491(6)(b), F.S.
Rulemaking Authority 440.491, 440.591 FS. Law Implemented Florida Statutes § 440.491. History-New 7-1-96, Amended 12-2-98, 6-26-01, Formerly 38F-55.015, Amended 5-7-09, Formerly 6A-22.012, Amended 3-31-14, 9-6-23.