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If you thought that Retraining Benefits were a thing of the past, think again. Retraining benefits is a viable claim that claimants may seek due to the changing economy. Essentially, the purpose of retraining benefits is to help a claimant return to work, although in a different line of work, and receive indemnity benefits from the Carrier, while undergoing short-term training.

The Florida Department of Education is empowered with the responsibility of overseeing and administering retraining and education benefits to injured workers. The 2002 amendments enacted by the legislature created the transfer of this responsibility from the Division of Workers’ Compensation. Section 440.491(6) indicates that 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 and, if appropriate, approve training and education or other vocational services for the Employee.

The Department may not approve formal training and education programs unless it determines, after consideration of a reemployment assessment, or other pertinent reemployment status reviews or reports, that the reemployment plan is likely to result in the injured worker returning to suitable gainful employment.

The Department is authorized to pay for this through the Workers’ Compensation Administration Trust Fund, established to secure appropriate training and education at a Florida public college, or at a career center, or to secure other vocational services when necessary to satisfy the recommendation of a vocational evaluator. This also includes obtaining a general education diploma (GED), if necessary.

The statutory provision further delineates that when an employee who has attained maximum medical improvement is unable to earn at least 80% of the compensation rate and requires training and education to obtain suitable and 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 timeframe not to exceed 26 weeks initially. The initial entitlement is 26 weeks, as there then needs to be determination that the injured worker is still in the program, and is making progress. This timeframe may be extended for an additional 26 weeks, or less, if such extended timeframe is determined to be necessary and proper by a judge of compensation claims. The benefits provided in this section are not in addition to the weeks specified in Section 440.15(2).

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 workers’ compensation law. 

There have been fundamental appellate cases which stand for the proposition that the legislature has recognized it is often difficult for workers with disabilities to achieve employment or to become reemployed following an injury. The statutory provision is to encourage employment and reemployment. In Lowery v. Bob Evans Farm, Inc., 666 So.2d 977 (Fla. 1 DCA 1996), the Judge of Compensation Claims determined that the Claimant conducted an unsuccessful job search and was able to show that the medical assistant program to which she applied at the Pinellas Technical Education Center, was suited to her needs and abilities.

In Norris v. Ed Taylor Corp., 484 So.2d 64 (Fla. 1 DCA 1986), the Court elucidated that retraining was reasonable in light of the injured worker’s age, education and previous occupation prior to the injury. It is also interesting to note that the Court has also held that finding a specialized job for an injured worker, however helpful and beneficial, cannot be equated with training and education. The reviewing tribunal came to a similar conclusion in Viking Sprinkler Company v. Thomas, 413 So.2d 816 (Fla. 1 DCA 1982).

In conclusion, even though the specific requisites of the law pertaining to rehabilitation have undergone a few changes, the premise of this provision is that the statutorily express goal of rehabilitation is to return the injured worker to suitable, gainful employment.

When making decisions on retraining benefits, our Attorneys can make specific recommendations on your cases.