Code · U.S. Code · Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES · CHAPTER 81— COMPENSATION FOR WORK INJURIES · SUBCHAPTER I— GENERALLY · § 8104

§ 8104. Vocational rehabilitation

681 words·~3 min read·/usc/title-5/section-8104

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(a)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.

(b)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.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 535; Pub. L. 93–416, § 3, Sept. 7, 1974, 88 Stat. 1144.)

In the third sentence, the words “the Secretary of Health, Education, and Welfare” are substituted for “him”, referring to the Administrator, on authority of section 1 (proviso) of 1950 Reorg. Plan No. 19, 64 Stat. 1271, and section 5 of 1953 Reorg. Plan No. 1, 67 Stat. 632.

The words “State agencies or corresponding agencies” are substituted for “State agencies (or corresponding agencies in Territories or possessions)” as the agencies available for cooperation are set out in the Vocational Rehabilitation Act (chapter 4 of title 29).

The words “section 32(b)(1) of title 29” are substituted for “section 33(a)

(4)of title 29” on authority of the Act of Aug. 3, 1954, ch. 655, § 2, 68 Stat. 652. Reference is limited to section 32(b)(1) since section 32(b) (2),

(3)is obsolete.

Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

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section 32(b)(1) of title 29
Pub. L. 89–554
80 Stat. 535
Pub. L. 93–416, § 3
88 Stat. 1144
64 Stat. 1271
67 Stat. 632
Act of Aug. 3, 1954, ch. 655, § 2
68 Stat. 652
act June 2, 1920, ch. 219
41 Stat. 735
Section 32(b)(1) of title 29
Pub. L. 89–333
79 Stat. 1282
Section 32(b) of title 29
section 500(a) of Pub. L. 93–112
87 Stat. 390
Pub. L. 93–416
section 28(a) of Pub. L. 93–416

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cites case law

§ 8104

Vocational rehabilitation

Fed. Reg.×16

Stat.×11

Pub. L.×10

Stat. Comp.×8

U.S.C.×3

C.F.R.×2

U.S.C.§ 8103

U.S.C.§ 8101

U.S.C.§ 3441

Citesection 32(b)(1) of title 29

Pub. L.Pub. L. 89–554

Stat.80 Stat. 535

Pub. L.Pub. L. 93–416, § 3

Stat.88 Stat. 1144

Cites 22 · showing 8Cited by 50 across 6 sources