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Session Laws, 1987
Volume 769, Page 2685   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                   Ch. 591

(II) "SUITABLE GAINFUL EMPLOYMENT" MEANS
EMPLOYMENT, INCLUDING SELF-EMPLOYMENT, WHICH RESTORES THE INJURED
EMPLOYEE, TO THE EXTENT POSSIBLE, TO THE LEVEL OF SUPPORT AT THE
TIME OF THE INJURY, GIVING DUE CONSIDERATION TO THE EMPLOYEE'S
QUALIFICATIONS, INTERESTS, INCENTIVES, PREINJURY EARNINGS, AND
FUTURE EARNING CAPACITY; THE NATURE AND EXTENT OF THE INJURY; AND
THE CURRENT AND FUTURE CONDITION OF THE LABOR MARKET.

(B) ON OR BEFORE JANUARY 1, 1988, AND THEREAFTER AS
DEEMED APPROPRIATE BY THE COMMISSION, ALL PERSONS AND
ORGANIZATIONS WHICH PROVIDE VOCATIONAL REHABILITATION UNDER THIS
ARTICLE IN THE STATE OF MARYLAND SHALL REGISTER WITH THE
COMMISSION USING FORMS PRESCRIBED BY THE COMMISSION. NO
COMPENSATION FOR VOCATIONAL REHABILITATION PROVIDED BY PERSONS OR
ORGANIZATIONS NOT REGISTERED WITH THE COMMISSION AS REQUIRED BY
THIS SUBSECTION SHALL BE PAYABLE UNDER SUBSECTION (C) OF THIS
SECTION.

[(a)] (C) When as the result of an injury, an
employee is disabled from performing work for which he was
previously qualified, he shall be entitled to vocational
rehabilitation [as reasonably necessary to restore him to
suitable employment]. The employer and insurer shall pay the
expenses of the vocational rehabilitation. The Commission shall
refer the employee to an appropriate rehabilitation evaluation
agency for evaluation of the practicability of, need for, and
type of training necessary and appropriate to render the employee
fit for a remunerative occupation. Vocational rehabilitation
training shall not extend for a period of more than [twenty-four
(24)] 24 months.

[(b)] (D) The Commission, upon receiving a report
from the rehabilitation evaluation agency, shall promptly notify
all parties of the contents of the report. Any party in interest
may within [ten (10)] 10 days from the date of issuance of the
report, request a hearing to controvert the report. At the
hearing, the parties may present additional evidence as
necessary. Following the hearing, the Commission shall make a
decision accepting or rejecting in whole or in part the
vocational rehabilitation agency report and issue an appropriate
order regarding vocational rehabilitation of the employee.

[(c)] (E) During the period an employee is undergoing
vocational rehabilitation training, he shall be entitled to
compensation as if he were temporarily totally disabled.

[(d)] (F) Any employee undergoing vocational
rehabilitation training in the course of which he is required to
live at a location other than his [home,] HOME shall also be
entitled to [receive] RECEIVE, in addition to the temporary total
compensation provided for herein, sufficient funds to adequately
maintain [himself] THE EMPLOYEE during the period of vocational
rehabilitation training, but in no case to exceed [forty dollars]

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Session Laws, 1987
Volume 769, Page 2685   View pdf image
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