DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 661 Original 2020 Regular Session Hodges
Abstract: Provides relative to vocational rehabilitation education and training programs for injured
employees.
Present law provides that when an employee has suffered an injury that precludes the employee from
earning wages that would have received prior to his injury, the employee is entitled to prompt
rehabilitation services.
Proposed law retains present law and further provides that a vocational rehabilitation assessment
shall be scheduled within 30 days of the request by either party, regardless if the employee has
reached maximum medical improvement or has been released to restricted duty.
Present law provides that the goal of rehabilitation services is to return a worker with a disability to
work, with a minimum of retraining, as soon as possible after an injury occurs.
Proposed law provides that the goal of rehabilitation services is to return a worker with a disability
to work suited to his education and marketable skills, through job placement, or an on-the-job
training or a training program as determined through a vocational rehabilitation assessment provided
by a licensed rehabilitation counselor
Proposed law provides that if a licensed rehabilitation counselor believes that additional education
or training is required to enable the employee to earn at least 90% of his previous average weekly
wage, the counselor may recommend a training or education program for up to 52 weeks. Proposed
law further provides that additional time for training or education may be granted at the discretion
of the carrier or upon order of the court.
Present law provides that the employer shall be responsible for selecting the licensed professional
vocational rehabilitation counselor to evaluate and assist the employee in job placement or
vocational training. If the employer refuses to provide these services, or a dispute arises concerning
the work of the vocational counselor, the employee may file a claim with the office to review the
need for such services or the quality of the services being provided.
Proposed law retains present law and further allows the employee to choose a vocational
rehabilitation counselor.
Present law provides that upon refusal by the employee, the employer or payor can request a hearing
and have the weekly compensation reduce by 50% for each week during the period of refusal. Proposed law provides that when the employee refuses to participate in vocational rehabilitation
services, the employer or payor can request a hearing and have the weekly compensation reduce by
50% for each week during the period of refusal.
Proposed law provides that the employer shall have a right to an expedited summary proceeding.
Further, the workers' compensation judge shall set a hearing date within three days of receiving the
motion. Moreover, the hearing shall be conducted as a rule to show cause and it shall not be held no
less than 10 and no more than 30 days after the employee receives notice, by certified or registered
mail, of the employer's motion. Proposed law further provides that the workers' compensation judge
will provide notice of the hearing date to the employee or his representative at the same time and
manner that the notice of the hearing date is provided to the employer or payor.
Proposed law provides that an employer shall not be required to submit a dispute concerning
reduction of weekly benefits to mediation or be required to go through a pretrial conference before
obtaining a hearing.
Present law provides that when a retraining program is necessary and desirable to restore the injured
employee to suitable gainful employment, the employee shall be entitled to a reasonable and proper
training program for a period not to exceed 26 weeks. Present law further provides that no employer
or insurer shall be precluded from continuing such retraining beyond such a period on a voluntary
basis.
Proposed law provides that when a retraining program is necessary and desirable to restore the
injured employee to suitable gainful employment, the employee shall be entitled to a reasonable and
proper training program. Proposed law further provides that no employer or insurer shall be
precluded from retraining on a voluntary basis.
Present law provides that an injured employee must request and being retraining within two years
from the date of termination of temporary total disability as determined by a treating physician. If
a retraining program requires residence at or near the facility or institution and
away from the employee's customary residence then the employer or insurer shall borne reasonable
costs for board, lodging, or travel. Present law further provides that a retraining program shall be
performed at facilities within the state, if such facilities are available.
Proposed law retains present law.
(Amends R.S. 23:1226(A),(B)(1) and (3)(a) and (c), (E), and (G))