Florida Statute 440.491 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

F.S. 440.491

440.491 Reemployment of injured workers; rehabilitation.—

(1) DEFINITIONS.—As used in this section, the term:

(a) “Carrier” means group self-insurance funds or individual self-insureds authorized under this chapter and commercial funds or insurance entities authorized to write workers’ compensation insurance under chapter 624.

(b) “Medical care coordination” includes, but is not limited to, coordinating physical rehabilitation services such as medical, psychiatric, or therapeutic treatment for the injured employee, providing health training to the employee and family, and monitoring the employee’s recovery. The purposes of medical care coordination are to minimize the disability and recovery period without jeopardizing medical stability, to assure that proper medical treatment and other restorative services are timely provided in a logical sequence, and to contain medical costs.

(c) “Rehabilitation provider” means a rehabilitation nurse, rehabilitation counselor, or vocational evaluator providing reemployment assessments, medical care coordination, reemployment services, or vocational evaluations under this section, possessing one or more of the following nationally recognized rehabilitation provider credentials:

1. Certified Rehabilitation Registered Nurse, C.R.R.N., certified by the Association of Rehab Professionals.

2. Certified Rehabilitation Counselor, C.R.C., certified by the Commission of Rehabilitation Counselor Certifications.

3. Certified Case Manager, C.C.M., certified by the Commission for Case Management Certification.

4. Certified Disability Management Specialist, C.D.M.S., certified by the Certified Disability Management Specialist Commission.

5. Certified Vocational Evaluator, C.V.E., certified by the Commission of Rehabilitation Counselor Certification.

6. Certified Occupational Health Nurse, C.O.H.N., certified by the American Board of Occupational Health Nurses.

(d) “Reemployment assessment” means a written assessment performed by a rehabilitation provider which provides a comprehensive review of the medical diagnosis, treatment, and prognosis; includes conferences with the employer, physician, and claimant; and recommends a cost-effective physical and vocational rehabilitation plan to assist the employee in returning to suitable gainful employment.

(e) “Reemployment services” means services that include, but are not limited to, vocational counseling, job-seeking skills training, ergonomic job analysis, transferable skills analysis, selective job placement, labor market surveys, and arranging other services such as education or training, vocational and on-the-job, which may be needed by the employee to secure suitable gainful employment.

(f) “Reemployment status review” means a review to determine whether an injured employee is at risk of not returning to work.

(g) “Suitable gainful employment” means employment or self-employment that is reasonably attainable in light of the employee’s age, education, work history, transferable skills, previous occupation, and injury, and which offers an opportunity to restore the individual as soon as practicable and as nearly as possible to his or her average weekly earnings at the time of injury.

(h) “Vocational evaluation” means a review of the employee’s physical and intellectual capabilities, his or her aptitudes and achievements, and his or her work-related behaviors to identify the most cost-effective means toward the employee’s return to suitable gainful employment.

(2) INTENT.—It is the intent of this section to encourage the provision of medical care coordination and reemployment services that are necessary to assist the employee in returning to work as soon as is medically feasible.

(3) REEMPLOYMENT STATUS REVIEWS AND REPORTS.—

(a) When an employee who has suffered an injury compensable under this chapter is unemployed 60 days after the date of injury and is receiving benefits for temporary total disability, temporary partial disability, or wage loss and has not yet been provided medical care coordination and reemployment services voluntarily by the carrier, the carrier must determine whether the employee is likely to return to work and must report its determination to the employee. The report shall include the identification of both the carrier and the employee, the carrier claim number, and any case number assigned by the Office of the Judges of Compensation Claims. The carrier must thereafter determine the reemployment status of the employee at 90-day intervals as long as the employee remains unemployed, is not receiving medical care coordination or reemployment services, and is receiving the benefits specified in this subsection.

(b) If medical care coordination or reemployment services are voluntarily undertaken within 60 days of the date of injury, such services may continue to be provided as agreed by the employee and the carrier.

(4) REEMPLOYMENT ASSESSMENTS.—

(a) The carrier may require the employee to receive a reemployment assessment as it considers appropriate. However, the carrier is encouraged to obtain a reemployment assessment if:

1. The carrier determines that the employee is at risk of remaining unemployed.

2. The case involves catastrophic or serious injury.

(b) The carrier shall authorize a rehabilitation provider to provide the reemployment assessment. The rehabilitation provider shall conduct its assessment and issue a report to the carrier and the employee within 30 days after the time such assessment is complete.

(c) If the rehabilitation provider recommends that the employee receive medical care coordination or reemployment services, the carrier shall advise the employee of the recommendation and determine whether the employee wishes to receive such services. The employee shall have 15 days after the date of receipt of the recommendation in which to agree to accept such services. If the employee elects to receive services, the carrier may refer the employee to a rehabilitation provider for such coordination or services within 15 days of receipt of the assessment report or notice of the employee’s election, whichever is later.

(5) MEDICAL CARE COORDINATION AND REEMPLOYMENT SERVICES.—

(a) Once the carrier has assigned a case to a rehabilitation provider for medical care coordination or reemployment services, the provider shall develop a reemployment plan and submit the plan to the carrier and the employee for approval.

(b) If the rehabilitation provider concludes that training and education are necessary to return the employee to suitable gainful employment, or if the employee has not returned to suitable gainful employment within 180 days after referral for reemployment services or receives $2,500 in reemployment services, whichever comes first, the carrier must discontinue reemployment services and refer the employee to the department for a vocational evaluation. Notwithstanding any provision of chapter 627, the cost of a reemployment assessment and the first $2,500 in reemployment services to an injured employee must not be treated as loss adjustment expense for workers’ compensation ratemaking purposes.

(c) A carrier may voluntarily provide medical care coordination or reemployment services to the employee at intervals more frequent than those required in this section. Voluntary services offered by the carrier for any of the following injuries must be considered benefits for purposes of ratemaking: traumatic brain injury; spinal cord injury; amputation, including loss of an eye or eyes; burns of 5 percent or greater of the total body surface.

(d) If medical care coordination or reemployment services have not been undertaken as prescribed in paragraph (3)(b), a rehabilitation service provider, facility, or agency that performs a reemployment assessment shall not provide medical care coordination or reemployment services for the employees it assesses.

(6) TRAINING AND EDUCATION.—

(a) Upon referral of an injured employee by the carrier, or upon the request of an injured employee, the department shall conduct a training and education screening to determine whether it should refer the employee for a vocational evaluation, approve training and education, or approve other vocational services for the employee. At the time of such referral, the carrier shall provide the department a copy of any reemployment assessment or reemployment plan provided to the carrier by a rehabilitation provider. The department may not approve formal training and education programs unless it determines, after consideration of the reemployment assessment, that the reemployment plan is likely to result in return to suitable gainful employment. The department may expend moneys from the Workers’ Compensation Administration Trust Fund, established by s. 440.50, to secure appropriate training and education at a Florida public college or at a career center established under s. 1001.44, or to secure other vocational services when necessary to satisfy the recommendation of a vocational evaluator. As used in this paragraph, “appropriate training and education” includes securing a high school equivalency diploma, if necessary. The department shall by rule establish training and education standards pertaining to employee eligibility, course curricula and duration, and associated costs. For purposes of this subsection, training and education services may be secured from additional providers if:

1. The injured employee currently holds an associate degree and requests to earn a bachelor’s degree not offered by a Florida public college located within 50 miles from his or her customary residence;

2. The injured employee’s enrollment in an education or training program in a Florida public college or career center would be significantly delayed; or

3. The most appropriate training and education program is available only through a provider other than a Florida public college or career center or at a Florida public college or career center located more than 50 miles from the injured employee’s customary residence.

(b) When an employee who has attained maximum medical improvement is unable to earn at least 80 percent of the compensation rate and requires training and education to obtain suitable gainful employment, the employer or carrier shall pay the employee additional training and education temporary total compensation benefits while the employee receives such training and education for a period not to exceed 26 weeks, which period may be extended for an additional 26 weeks or less, if such extended period is determined to be necessary and proper by a judge of compensation claims. The benefits provided under this paragraph shall not be in addition to the 104 weeks as specified in s. 440.15(2). However, a carrier or employer is not precluded from voluntarily paying additional temporary total disability compensation beyond that period. If an employee requires temporary residence at or near a facility or an institution providing training and education which is located more than 50 miles away from the employee’s customary residence, the reasonable cost of board, lodging, or travel must be borne by the department from the Workers’ Compensation Administration Trust Fund established by s. 440.50. An employee who refuses to accept training and education that is recommended by the vocational evaluator and considered necessary by the department will forfeit any additional training and education benefits and any additional payment for lost wages under this chapter. The carrier shall notify the injured employee of the availability of training and education benefits as specified in this chapter. The Department of Financial Services shall include information regarding the eligibility for training and education benefits in informational materials specified in ss. 440.207 and 440.40.

(7) PERMANENT DISABILITY.—The judge of compensation claims may not adjudicate an injured employee as permanently and totally disabled until or unless the carrier is given the opportunity to provide a reemployment assessment.

(8) DEPARTMENT CONTRACTS.—The department may contract with one or more third parties including, but not limited to, rehabilitation providers, to administer training and education screenings, reemployment assessments, vocational evaluations, and reemployment services authorized under this section. Any person or firm selected by the department may not have a conflict of interest that might affect its ability to independently perform its responsibilities with respect to administering the provisions of this subsection. A rehabilitation provider who contracts with the department to provide screenings or evaluations may not provide training or education to the injured employee.

History.—s. 44, ch. 93-415; s. 75, ch. 96-418; s. 1055, ch. 97-103; s. 48, ch. 2002-194; s. 31, ch. 2003-412; s. 67, ch. 2004-5; s. 75, ch. 2005-2; s. 3, ch. 2010-155; s. 3, ch. 2011-63; s. 5, ch. 2011-97; s. 6, ch. 2012-135; s. 12, ch. 2013-141; s. 4, ch. 2014-20.

F.S. 440.491 on Google Scholar

F.S. 440.491 on Casetext

Amendments to 440.491

Arrestable Offenses / Crimes under Fla. Stat. 440.491

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.491.

Annotations, Discussions, Cases:

Cases Citing Statute 440.491

Total Results: 17

Hernandez v. Paris Industrial Maintenance

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-07T00:00:00-07:00

Citation: 39 So. 3d 466, 2010 Fla. App. LEXIS 9890, 2010 WL 2671799

Snippet: in returning to suitable gainful employment. § 440.491(1)(e), Fla. Stat. (2007) (describing the purpose…be provided by more than one individual. See § 440.491(4)(a)-(c), Fla. Stat. (2007) (stating that the …claimant to a rehabilitation provider); see also § 440.491(5)(d), Fla. Stat. (2007) (explaining that if reemployment…services for "the employee it assesses"); § 440.491(6)(a), Fla. Stat. (2007) (providing that the Department…department within thirty days of its completion. § 440.491(4)(b), Fla. Stat. (2007) (instructing that "

Garcia v. Fence Masters, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-06T00:00:00-07:00

Citation: 16 So. 3d 200, 2009 Fla. App. LEXIS 10954, 2009 WL 2392897

Snippet: rehabilitation provisions mandated by section 440.491(1)-(9), Florida Statutes (2005), the E/C hired

Interior Custom Concepts v. Slovak

Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-31T00:00:00-07:00

Citation: 969 So. 2d 1095, 2007 Fla. App. LEXIS 17236, 2007 WL 3166940

Snippet: vocational evaluations or testing pursuant to s. 440.491 continues even after the employee has been accepted

Douglas v. Florida Power & Light, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-22T00:00:00-08:00

Citation: 921 So. 2d 750, 2006 Fla. App. LEXIS 2207, 2006 WL 397477

Snippet: right be exercised pursuant to section 440.491. Thus, section 440.491 controls the manner of conducting re-employment…evaluation. § 440.491(6)(a), Fla. Stat. (1999). Under subsection (6)(a) to section 440.491, while the carrier…be done pursuant to § 440.491, Fla. Stat. Since it was the reference to § 440.491, Fla. Stat. that led …petition that, under sections 440.15(l)(e)l. and 440.491, Florida Statutes, as they existed prior to 2003…. in 2003 to delete the phrase “pursuant to s. 440.491,” which the court in Eckert had specifically relied

Delgado v. A. Garcia Harvesting, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-10-17T00:00:00-07:00

Citation: 913 So. 2d 78, 2005 Fla. App. LEXIS 16371, 2005 WL 2618598

Snippet: evaluations must be carried out pursuant to section 440.491, which specifies how a carrier may obtain a re-

Bober v. Conditioning

Court: Fla. Dist. Ct. App. | Date Filed: 2002-09-20T00:00:00-07:00

Citation: 826 So. 2d 487

Snippet: received after he reached MMI, pursuant to section 440.491. According to the JCC, Claimant was due 58 weeks…rehabilitative benefits he received pursuant to section 440.491 should not be *488included within the 104 weeks…reaching MMI, as specifically contemplated by section 440.491. See Ring Power Corp. v. Campbell, 697 So.2d 203

Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Fla. | Date Filed: 2002-09-19T00:00:00-07:00

Citation: 829 So. 2d 791, 27 Fla. L. Weekly Supp. 795, 2002 Fla. LEXIS 1884, 2002 WL 31084673

Snippet: Rehabilitative Temporary Total Compensation under Ssection 440.491(6)(b), Florida Statutes, from_to_at a rate of $

MIMI/Medpartners, Inc. v. Boestfleisch

Court: Fla. Dist. Ct. App. | Date Filed: 2002-06-12T00:00:00-07:00

Citation: 822 So. 2d 512, 2002 Fla. App. LEXIS 8225, 2002 WL 1285469

Snippet: the JCC granted the motion to strike. Section 440.491(9), Florida Statutes (1999) provides that the JCC…So.2d 863 (Fla.2000). Similarly, while section 440.491(9) contains no time limitations in seeking a re-employment… to the merits hearing. We do not read section 440.491(9) “as allowing a party to disrupt the orderly

Workman v. Joe Brown Aluminum

Court: Fla. Dist. Ct. App. | Date Filed: 2002-05-22T00:00:00-07:00

Citation: 816 So. 2d 1182, 2002 Fla. App. LEXIS 6864, 2002 WL 1022058

Snippet: rehabilitative TPD benefits pursuant to section 440.491(6)(b), Florida Statutes (Supp.1996), from August…s fees, costs, interest and penalties. Section 440.491(6)(b), Florida Statutes, provides that: When it…training program, the mandatory provision in section 440.491(6)(b), Florida Statutes, required the E/C to pay…continued receipt of TTD benefits under section 440.491(6)(b)j Florida Statutes-was agency action of which…made no specific claim for TPD benefits. Section 440.491(6)(b), Florida Statutes, does not authorize the

Eckert v. Publix Supermarkets, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-04-26T00:00:00-07:00

Citation: 783 So. 2d 1187, 2001 Fla. App. LEXIS 5561, 2001 WL 420597

Snippet: Id. As provided in section 440.491(2), it is the intent of section 440.491 to set forth certain analytic…section 440.491(6) also effected only a procedural change. Id. Included within section 440.491 are provisions…assessments,” in section 440.491(4), and “vocational evaluations,” in section 440.491(6). A “re-employment…employment. Section 440.491(1) (h), Florida Statutes (1999). Under section 440.491(4)(a) and (b), a carrier…right be exercised pursuant to section 440.491. Thus, section 440.491 controls the manner of conducting re-employment

Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Fla. | Date Filed: 2000-10-12T00:00:00-07:00

Citation: 795 So. 2d 863, 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551

Snippet: Rehabilitative -temporary total compensation under section 440.491(6)(b), Florida Statutes, from tn .at a. rate of…employee-ha-s-reached M-M-I- = (2) As-authorized under section-440.491(6)(a), -Florida Statutes, the division has approved…Rehabilitative temporary-total- compensation under-seetion--440.491(6)(b), Florida Statutes, from . to at, a rate -…reaehed-M-ML = 42) As-authorized under section 440.491(6)(a-)¡-Florida-Statutes, the division has approved…Rehabilitative Temporary Total Compensation under Section 440.491(6) (b), Florida Statutes, from_to_ at a rate of

Huddle House v. Peralta

Court: Fla. Dist. Ct. App. | Date Filed: 2000-03-06T00:00:00-08:00

Citation: 754 So. 2d 753, 2000 Fla. App. LEXIS 2187, 2000 WL 243019

Snippet: a reemployment assessment pursuant to section 440.491, Florida Statutes (1997). We affirm. Because this

Flowers v. Above-All-Roofing, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-06-30T00:00:00-07:00

Citation: 737 So. 2d 594, 1999 Fla. App. LEXIS 8656, 1999 WL 435197

Snippet: claimant pursuant to section 440.15(l)(e) and section 440.491, Florida Statutes (1997). ERVIN, WOLF and WEBSTER

Ring Power Corp. v. Campbell

Court: Fla. Dist. Ct. App. | Date Filed: 1997-07-21T00:53:00-07:00

Citation: 697 So. 2d 203

Snippet: rehabilitative training program. Citing section 440.491(6)(a), Florida Statutes (Supp.1994), the judge …vocational services for [an injured] employee," § 440.491(6)(a), Fla. Stat. (Supp.1994)the judge of compensation…recognized a jurisdictional change effected by section 440.491(6)(b), Florida Statutes (Supp.1994). Under prior… vocational services for the employee." § 440.491(6)(a), Fla. Stat. (Supp. 1994). A comparison of…education or other vocational services. Until section 440.491 was enacted, § 44, ch. 93-415, at 178, Laws of

Barnett Bank of Volusia County v. Pelle

Court: Fla. Dist. Ct. App. | Date Filed: 1996-12-17T00:00:00-08:00

Citation: 684 So. 2d 311, 1996 Fla. App. LEXIS 13592, 1996 WL 720577

Snippet: vocational evaluations or testing pursuant to s. 440.491 continues even after the employee has been accepted

Lockheed Space Operations v. Langworthy

Court: Fla. Dist. Ct. App. | Date Filed: 1996-12-11T23:53:00-08:00

Citation: 686 So. 2d 665

Snippet: whether section 440.491(4) is substantive or procedural. We conclude that section 440.491(4)(Supp.1994) …reemployment assessment[1] pursuant to section 440.491(4)(Supp.1994). Ms. Langworthy was injured in 1987… a reemployment assessment pursuant to section 440.491(4), Florida Statutes (Supp.1994). Ms. Langworthy…denied the motion to compel, ruling that section 440.491(4) cannot be applied retroactively to this claimant… for his ruling, the JCC reasoned that section 440.491(4) shifts the cost of providing rehabilitation

In re Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Fla. | Date Filed: 1996-05-16T00:00:00-07:00

Citation: 674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079

Snippet: Rehabilitative temporary total compensation under section 440.491(6)(b), Florida Statutes, from to at a rate of $…reached MMI. _ (2) As authorized under section 440.491(6)(a), Florida Statutes, the division has approved…Rehabilitative temporary total compensation under section 440.491(6)(b), Florida Statutes, from to at a rate of $… reached MMI. _(2) As authorized under section 440.491(6)(a), Florida Statutes, the division has approved