5 U.S.C. § 8104 — Vocational rehabilitation
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 199 words · no verdicts yet
The Secretary of Labor can require a permanently disabled worker to go through vocational rehabilitation. The government pays for these services, mainly using state rehabilitation agencies. Workers undergoing rehab keep getting their usual disability pay, minus any earnings from outside jobs.
(a) If a worker's disability is permanent and qualifies for compensation under this law, the Secretary of Labor can direct that worker to undergo vocational rehabilitation. The Secretary must arrange for these rehab services, and must use state agencies that already work with the Secretary of Health, Education, and Welfare on rehab programs, whenever practical — except to the extent the Secretary of Labor provides services directly under section 8103. The cost comes out of the Employees' Compensation Fund. But when the Secretary reimburses a state agency, one specific part of the cost — the part already fully covered under section 32(b)(1) of title 29 — is left out of the reimbursement.
(b) Even though section 8106 normally applies, a worker directed into vocational rehabilitation keeps getting compensation at the rates set in sections 8105 and 8110 while undergoing the rehabilitation. That amount is reduced by whatever the worker earns from any other paid work during that time — work that isn't part of the rehabilitation program itself.
The Secretary of Labor may direct a permanently disabled individual whose disability is compensable under this subchapter to undergo vocational rehabilitation. The Secretary shall provide for furnishing the vocational rehabilitation services. In providing for these services, the Secretary, insofar as practicable, shall use the services or facilities of State agencies and corresponding agencies which cooperate with the Secretary of Health, Education, and Welfare in carrying out the purposes of chapter 4 of title 29, except to the extent that the Secretary of Labor provides for furnishing these services under section 8103 of this title. The cost of providing these services to individuals undergoing vocational rehabilitation under this section shall be paid from the Employees’ Compensation Fund. However, in reimbursing a State or corresponding agency under an arrangement pursuant to this section the cost to the agency reimbursable in full under section 32(b)(1) of title 29 is excluded.
Notwithstanding section 8106, individuals directed to undergo vocational rehabilitation by the Secretary shall, while undergoing such rehabilitation, receive compensation at the rate provided in sections 8105 and 8110 of this title, less the amount of any earnings received from remunerative employment, other than employment undertaken pursuant to such rehabilitation.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 535; Pub. L. 93–416, § 3, Sept. 7, 1974, 88 Stat. 1144.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 535
- 1974Amended · Pub. L. 93-416 · 88 Stat. 1144
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
all 0 arguments · sorted by: best
no arguments yet — make the first case