The 2023 Florida Statutes (including Special Session C)
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. . . . § 440.491(l)(e), Fla. Stat. (2007) (describing the purpose of reemployment assessment reports). . . . See § 440.491(4)(a)-(e), Fla. . . . receive employment services, the carrier refer the - claimant to a rehabilitation provider); see also § 440.491 . . . reemployment assessment shall not provide” reemployment services for “the employee it assesses”); § 440.491 . . . initial reemployment assessment to Claimant and to the department within thirty days of its completion. § 440.491 . . .
. . . Instead of utilizing the reemployment and rehabilitation provisions mandated by section 440.491(1)-(9 . . .
. . . statute: The employer’s or carrier’s right to conduct vocational evaluations or testing pursuant to s. 440.491 . . .
. . . Claimant has correctly pointed out in his petition that, under sections 440.15(l)(e)l. and 440.491, Florida . . . Thus, section 440.491 controls the manner of conducting re-employment assessments and vocational evaluations . . . and that statute clearly gives only the Division the authority to schedule a vocational evaluation. § 440.491 . . . [T]he amendment repeals the requirement that vocational testing be done pursuant to § 440.491, Fla. . . . Since it was the reference to § 440.491, Fla. . . .
. . . that the employer’s right to conduct vocational evaluations must be carried out pursuant to section 440.491 . . .
. . . rehabilitative temporary total benefits which Claimant received after he reached MMI, pursuant to section 440.491 . . . Claimant appealed, claiming that the temporary rehabilitative benefits he received pursuant to section 440.491 . . . received temporary rehabilitative benefits after reaching MMI, as specifically contemplated by section 440.491 . . .
. . . _Rehabilitative Temporary Total Compensation under Ssection 440.491(6)(b), Florida Statutes, from_to_at . . .
. . . Section 440.491(9), Florida Statutes (1999) provides that the JCC may not adjudicate a claimant as PTD . . . Similarly, while section 440.491(9) contains no time limitations in seeking a re-employment assessment . . . We do not read section 440.491(9) “as allowing a party to disrupt the orderly and efficient trial of . . .
. . . claimant was entitled to rehabilitative TTD benefits or rehabilitative TPD benefits pursuant to section 440.491 . . . Section 440.491(6)(b), Florida Statutes, provides that: When it appears that an employee who has attained . . . Once the Division approved the claimant for the training program, the mandatory provision in section 440.491 . . . training program — making the claimant ineligible for continued receipt of TTD benefits under section 440.491 . . . Section 440.491(6)(b), Florida Statutes, does not authorize the payment of TPD benefits while the claimant . . .
. . . As provided in section 440.491(2), it is the intent of section 440.491 to set forth certain analytic . . . Included within section 440.491 are provisions governing “re-employment assessments,” in section 440.491 . . . Section 440.491(1) (d), Florida Statutes (1999). . . . Section 440.491(1) (h), Florida Statutes (1999). . . . See § 440.491(3)(a). . . .
. . . Transportation and/or mileage costs $— = (L) Rehabilitative -temporary total compensation under section 440.491 . . . further states as-follows; = (I) The employee-ha-s-reached M-M-I- = (2) As-authorized under section-440.491 . . . Transportation and/or-mileage, costs $ = 4L) Rehabilitative temporary-total- compensation under-seetion--440.491 . . . employee-further states as follows: === (4) The employee has reaehed-M-ML = 42) As-authorized under section 440.491 . . . $_ (see attached mileage statement). ___ Rehabilitative Temporary Total Compensation under Section 440.491 . . .
. . . with claimant’s health care providers for the purpose of a reemployment assessment pursuant to section 440.491 . . .
. . . was entitled to a vocational evaluation of the claimant pursuant to section 440.15(l)(e) and section 440.491 . . .
. . . Citing section 440.491(6)(a), Florida Statutes (Supp.1994), the judge of compensation claims ordered . . . Supp.1994) — the judge of compensation claims recognized a jurisdictional change effected by section 440.491 . . . is authorized to “approve training and education or other vocational services for the employee.” § 440.491 . . . Until section 440.491 was enacted, § 44, ch. 93-415, at 178, Laws of Fla., the judge of compensation . . . But section 440.491(6)(b), Florida Statutes (Supp. 1994), plainly does require such payments. . . . authority to decide entitlement to temporary total compensation when such is called for under section 440.491 . . .
. . . The employer’s or carrier’s right to conduct vocational evaluations or testing pursuant to s. 440.491 . . .
. . . to compel claimant Bettie Langworthy to participate in a reemployment assessment pursuant to section 440.491 . . . and sent her a letter requesting her participation in a reemployment assessment pursuant to section 440.491 . . . The JCC denied the motion to compel, ruling that section 440.491(4) cannot be applied retroactively to . . . The issue in this case is whether section 440.491(4) is substantive or procedural. . . . We conclude that section 440.491(4)(Supp.l994) is procedural and, accordingly, we reverse. . . .
. . . (L) Rehabilitative temporary total compensation under section 440.491(6)(b), Florida Statutes, from to . . . employee further states as follows: _ (1) The employee has reached MMI. _ (2) As authorized under section 440.491 . . . (L) Rehabilitative temporary total compensation under section 440.491(6)(b), Florida Statutes, from to . . . employee further states as follows: _(1) The employee has reached MMI. _(2) As authorized under section 440.491 . . .