|
|
|
(In
effect as of January 1, 2004*) |
|
|
|
|
| TABLE
15. REHABILITATION BENEFITS PROVIDED
FOR INJURED WORKERS UNDER STATE WORKERS' COMPENSATION LAWS |
|
|
|
|
|
Rehab. |
WC |
Rehab. |
|
Employee |
|
|
Statutes* |
Rehab. |
Unit Services* |
Employer/Carrier |
Employee Re- |
Penalties to |
Benefits |
|
| State |
PR VR |
Unit |
D / R / M |
Responsibilities 1/ |
sponsibilities |
Employees 2/ |
During VR |
|
|
|
| ALABAMA |
|
|
| Secs. 25-5-57(a)(4)(i) |
x x |
No |
|
1) provide VR upon |
1) accept PR |
1) compensation |
TTD plus |
|
| 25-5-77 |
|
request of VR Spe- |
& VR |
suspended |
board & lod- |
|
|
cialist and physi- |
|
ging if away |
|
|
cian |
|
from home, |
|
|
2) VR costs includ- |
|
& travel |
|
|
ing board, lodging |
|
|
|
and travel |
|
|
|
|
|
|
|
|
| |
|
|
|
|
| *LEGEND: |
|
|
| N/A = Not Available |
|
|
| WC = Workers' Compensation |
|
|
| PR = Physical Rehabilitation |
|
|
| VR = Vocational Rehabilitation |
|
|
| Rehab.
Unit = Rehabilitation Unit |
|
|
| D
= Direct (Rehab Unit provides rehabilitation services to claimants.) |
|
|
| R
= Referral (Rehab Unit refers claimants to State agencies or private
companies.) |
|
|
| M
= Monitor (Rehab Unit monitors the cases it has referred.) |
|
|
| TTD
= Temporary Total Disability |
|
|
| PTD
= Permanent Total Disability |
|
|
| PPD
= Permanent Partial Disability |
|
|
| TPD
= Temporary Partial Disability |
|
|
|
|
| FOOTNOTES: |
|
|
| 1/
Self-insurers, carriers or State Funds (when employers insure through the
State) cover the costs of physical rehabilitation. |
|
|
| 2/
Penalties that affect workers' compensation apply only to the period of time
the employee refuses rehabilitation. |
|
|
| 3/
Physical rehabilitation (PR) is covered under medical services. |
|
|
| 4/
No vocational rehabilitation (VR) provision in the workers' compensation law. |
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| |
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|
|
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|
| *See Introduction page. |
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|
| TABLE
15. REHABILITATION BENEFITS PROVIDED
FOR INJURED WORKERS UNDER STATE WORKERS' COMPENSATION LAWS (cont.) |
|
|
|
|
|
Rehab. |
WC |
Rehab. |
|
Employee |
|
|
Statutes* |
Rehab. |
Unit Services* |
Employer/Carrier |
Employee Re- |
Penalties to |
Benefits |
|
| State |
PR VR |
Unit |
D / R / M |
Responsibilities 1/ |
sponsibilities |
Employees 2/ |
During VR |
|
|
|
| ALASKA |
x x |
Yes |
x |
1) Eligible injured
workers |
1) accept PR. |
1) compensation may be |
TTD until medical |
|
| Secs. 23.30.041 |
|
may elect to participate in |
2) if elect to
participate in |
suspended for unreasonable |
stability, then PPI |
|
| 23/30.095 |
|
vocational rehabilitation. |
VR must cooperate. |
refusal of PR. |
at weekly TTD rate |
|
|
Employer/carrier must
pay |
|
2) VR may be terminated for |
until exhusted, |
|
|
those rehab cost. |
|
noncooperation. |
then additional |
|
|
2) Once established rehab |
|
compensation paid |
|
|
plan length (2 years) and cost |
|
at 70% of spendable |
|
($13,300) limited. |
|
weekly wage rate. |
|
|
|
| ARIZONA |
3/ |
No |
|
1) at the discre- |
1) accept PR |
1) compensation |
|
|
| Secs. 23-1026 |
|
tion of the Indus- |
|
reduced or sus- |
|
|
| 23-1065(A)(1) |
|
trial Commission, |
|
pended |
|
|
|
the State Special |
|
|
|
Fund pays some VR |
|
|
|
costs |
|
|
|
2) carrier or self- |
|
|
|
insured employer may |
|
|
|
elect to provide VR |
|
|
|
|
| ARKANSAS |
3/ |
x |
No |
1) VR costs for |
1) accept PR; |
1) compensation |
PPD plus |
|
| Sec. 11-9-505 |
|
maximum 72 weeks |
not required to |
suspended |
travel & |
|
| |
|
|
accept VR, but |
|
maintenance |
|
| |
|
if rejected, |
|
expenses |
|
|
limited to per- |
|
|
|
manent physical |
|
|
|
impairment rating |
|
|
| |
|
|
| TABLE
15. REHABILITATION BENEFITS PROVIDED
FOR INJURED WORKERS UNDER STATE WORKERS' COMPENSATION LAWS (cont.) |
|
|
|
|
|
Rehab. |
WC |
Rehab. |
|
Employee |
|
|
Statutes* |
Rehab. |
Unit Services* |
Employer/Carrier |
Employee Re- |
Penalties to |
Benefits |
|
| State |
PR VR |
Unit |
D / R / M |
Responsibilities 1/ |
sponsibilities |
Employees 2/ |
During VR |
|
|
|
| CALIFORNIA |
x x |
Yes |
x |
1) VR costs |
1) must request |
1) compensation |
TTD or |
|
| Sec. 139.5 |
|
2) during PR & VR |
VR within 5 |
withheld for |
maintenance |
|
| |
|
pay TTD & addi- |
years of the |
refusal to |
allowance at $246 |
|
|
tional living |
date of injury |
cooperate |
(limited to |
|
|
expenses |
|
52 weeks) and |
|
|
3) mandatory pay- |
|
living expen- |
|
|
ments generally |
|
ses necessi- |
|
|
capped at $16,000 |
|
tated by re- |
|
|
habilitation; |
|
|
terminated |
|
|
VR services |
|
|
may be re- |
|
|
stored within |
|
|
5 years after injury |
|
|
in certain cases. |
|
|
Settlement |
|
|
of vocational |
|
|
rehabilitation |
|
|
benefit is allowed |
|
|
for represented |
|
|
workers. The |
|
|
settlement can be |
|
|
up to $10,000 for |
|
|
use in a self- |
|
|
directed vocational |
|
|
rehabilitation plan. |
|
|
Under the law, the |
|
|
settlement must be |
|
|
submitted to and |
|
|
approved by the |
|
|
Rehabilitation Unit |
|
|
of the DWC. |
|
|
|
|
1) compensation |
weekly main- |
|
| COLORADO |
x x |
No |
x |
1) Major Medical |
1) accept PR |
reduced or sus- |
tenance equal |
|
| Secs. 8-49-101 |
|
Insurance Fund pays |
|
pended |
to TTD; VR |
|
| 8-51-102 |
|
during VR: tuition; |
|
may be termi- |
|
| 8-51-110 |
|
travel; maintenance |
|
nated by any |
|
| (applies
only to DOI prior to 7/2/87) |
|
expenses equivalent |
|
party upon 14 |
|
|
to TTD |
|
days of writ- |
|
|
ten notice to |
|
|
all parties |
|
|
|
|
1) compensation |
TTD |
|
| CONNECTICUT |
x x |
Yes |
x |
1) pays disability |
1) accept PR |
suspended |
|
|
| Secs. 31-283(a-c) |
|
benefits during VR |
|
|
| 31-313 |
|
2) pays medical |
|
|
| 31-294 |
|
rehab services |
|
|
|
|
| TABLE
15. REHABILITATION BENEFITS PROVIDED
FOR INJURED WORKERS UNDER STATE WORKERS' COMPENSATION LAWS (cont.) |
|
|
|
Employee |
|
|
Rehab. |
WC |
Rehab. |
|
Penalties to |
Benefits |
|
|
Statutes* |
Rehab. |
Unit Services* |
Employer/Carrier |
Employee Re- |
Employees 2/ |
During VR |
|
| State |
PR VR |
Unit |
D / R / M |
Responsibilities 1/ |
sponsibilities |
|
|
|
1) lose compen- |
TTD |
|
| DELAWARE |
x x |
No |
|
1) VR costs |
1) accept PR |
sation; no com- |
|
|
| Sec. 2353 |
|
2) board, lodging |
& VR |
pensation for |
|
|
|
& travel expenses |
|
increased disa- |
|
|
|
during PR & VR |
|
bility during |
|
|
|
refusal period |
|
|
|
|
|
1) compensation |
TTD plus |
|
| DISTRICT OF COLUMBIA |
3/ x |
No |
x |
1) VR costs |
1) accept PR |
suspended |
maximum $50/ |
|
| Sec. 32-1507(a),(c) & |
|
& VR |
|
week main- |
|
| (d) |
|
tenance |
|
|
|
|
|
| FLORIDA |
|
1) compensation |
TTD plus |
|
| Secs. 440.13 |
3/ x |
Yes |
x x x |
1) When department is |
1) accept VR |
forfeited |
board, |
|
| 440.491 |
|
paying for retraining, |
|
lodging |
|
|
carrier must pay up to 52 |
|
& travel |
|
|
weeks of temporary
total |
|
|
|
indemnity benefits (as long as |
|
|
|
104 weeks of temporary |
|
|
|
benefits are not exhausted). |
|
|
|
2) If the carrier is |
|
|
|
voluntarily providing re- |
|
|
|
employment services and |
|
|
|
exceeds 180 days of |
|
|
|
services, or such
services |
|
|
|
exceed $2,500 in costs, |
|
|
|
the carrier is required
to |
|
|
|
refer the the injured worker |
|
|
|
to the department for |
|
|
|
services. |
|
|
|
3) Carrier is required
to |
|
|
|
complete a reemployment |
|
|
|
status review under certain |
|
|
|
circumstances. |
|
|
|
4)Carrier must report
costs |
|
|
|
of voluntarily provided re- |
|
|
|
employment services to |
|
|
|
the department. |
|
|
|
5) Carrier must notify |
|
|
|
injured worker of the |
|
|
|
department's |
|
|
|
reemployment services |
|
|
|
in certain cases. |
|
|
|
1) compensation |
TTD plus |
|
| GEORGIA |
x x |
Yes |
x |
1) VR costs plus |
1) accept PR |
reduced or sus- |
board, |
|
| Sec. 34.9-201.1 |
|
board, lodging & |
& VR |
pended |
lodging & |
|
|
travel for maximum |
|
travel |
|
|
2) WC Board may ex- |
|
|
|
tend time maximum |
|
|
| TABLE
15. REHABILITATION BENEFITS PROVIDED
FOR INJURED WORKERS UNDER STATE WORKERS' COMPENSATION LAWS (cont.) |
|
|
|
Employee |
|
|
Rehab. |
WC |
Rehab. |
|
Penalties to |
Benefits |
|
|
Statutes* |
Rehab. |
Unit Services* |
Employer/Carrier |
Employee Re- |
Employees 2/ |
During VR |
|
| State |
PR VR |
Unit |
D / R / M |
Responsibilities 1/ |
sponsibilities |
|
|
|
TTD plus |
|
| HAWAII |
x x |
Yes |
x x |
1) Employer/carrier |
|
travel, tu- |
|
| Secs. 386-24 |
|
covers rehabilitation |
|
ition, books |
|
| 386-25 |
|
costs, including |
|
& living |
|
|
maintenance expenses |
|
expenses |
|
|
|
|
TTD plus |
|
| IDAHO |
x x |
Yes |
x |
1) VR travel costs |
|
transporta- |
|
| Secs. 72-432 |
|
2) board, lodging & |
|
tion costs |
|
| 72-433 |
|
travel costs of PR |
|
|
| 72-450 |
|
3) Special State |
|
|
| 72-501A |
|
Fund pays for PR & |
|
|
|
VR services |
|
|
|
1) compensation |
TTD plus |
|
| ILLINOIS |
x x |
No |
|
1) VR costs |
1) accept PR |
reduced or sus- |
incidental |
|
| Secs. 305/8 |
|
2) PR & VR main- |
|
pended |
maintenance |
|
| 310/19 |
|
tenance expenses |
|
expenses |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
|
| TABLE
15. REHABILITATION BENEFITS PROVIDED
FOR INJURED WORKERS UNDER STATE WORKERS' COMPENSATION LAWS (cont.) |
|
|
|
Employee |
|
|
Rehab. |
WC |
Rehab. |
|
Penalties to |
Benefits |
|
|
Statutes* |
Rehab. |
Unit Services* |
Employer/Carrier |
Employee Re- |
Employees 2/ |
During VR |
|
| State |
PR VR |
Unit |
D / R / M |
Responsibilities 1/ |
sponsibilities |
|
|
|
1) lose compen- |
determined |
|
| INDIANA |
x x |
Yes |
x |
1) travel expenses |
1) accept PR |
sation; no com- |
by the |
|
| Secs. 22-3-3-4 |
|
associated with PR |
& VR |
pensation for |
Office of |
|
| 22-3-12 |
|
2) individualized |
|
increased disa- |
VR |
|
|
VR plan developed |
|
bility during |
|
|
|
by Office of VR |
|
refusal period |
|
|
|
|
|
TTD if eligible |
|
| IOWA |
x x |
No |
|
1) VR costs |
|
and/or for maximum |
| Secs. 85-27 |
|
2) benefit payments |
|
of 26 weeks, |
|
| 85-70 |
|
during VR for maxi- |
|
$20/week |
|
|
mum of 26 weeks |
|
|
|
1) compensation |
TTD plus |
|
| KANSAS |
x x |
Yes |
x x |
1) pay TTD or TPD |
1) accept VR |
suspended |
board, |
|
| Sec. 44-510g |
|
during PR |
|
lodging & |
|
|
2) VR may be volun- |
|
travel for |
|
|
tarily provided by |
|
PR |
|
|
the employer |
|
|
|
|
|
|
|
|
|
1) compensation |
normal |
|
| KENTUCKY |
x x |
Yes |
x |
1) PR & VR costs |
1) accept PR |
reduced by 50% |
weekly |
|
| Secs. 342.020 |
|
2) costs of board, |
& VR |
|
compensa- |
|
| 342-710 |
|
lodging & travel |
|
tion plus |
|
|
during PR & VR |
|
board & |
|
|
3) VR limited to 52 |
|
lodging, |
|
|
weeks; extension |
|
if away |
|
|
granted by ALJ in |
|
from home, |
|
|
unusual cases |
|
& travel |
|
|
|
|
|
| |
|
|
| TABLE
15. REHABILITATION BENEFITS PROVIDED
FOR INJURED WORKERS UNDER STATE WORKERS' COMPENSATION LAWS (cont.) |
|
|
|
Employee |
|
|
Rehab. |
WC |
Rehab. |
|
Penalties to |
Benefits |
|
|
Statutes* |
Rehab. |
Unit Services* |
Employer/Carrier |
Employee Re- |
Employees 2/ |
During VR |
|
| State |
PR VR |
Unit |
D / R / M |
Responsibilities 1/ |
sponsibilities |
|
|
|
1) weekly com- |
TTD plus |
|
| LOUISIANA |
x x |
Yes |
|
1) PR & VR costs |
1) accept PR |
pensation re- |
board, lod- |
|
| Secs. 23:1203 |
|
2) TTD benefits |
& VR within 2 |
duced by 50% |
ging and |
|
| 23:1223 |
|
during VR for a |
years after |
during refusal |
travel if |
|
|
maximum of 26 |
benefits for |
period |
away from |
|
|
weeks |
TTD are ter- |
|
home |
|
|
3) costs of board, |
minated |
|
|
|
lodging & travel |
|
|
|
during PR & VR |
|
|
|
|
|
1) compensation |
Normal |
|
| MAINE |
x x |
No |
x x x |
1) VR costs |
1) accept VR |
suspended if re- |
weekly com- |
|
| Secs. 217 |
|
2) pay 180% of cost |
|
fuses to accept |
pensation |
|
| 355 |
|
of successful VR if |
|
VR pursuant to |
plus trans- |
|
| 358-A(5) |
|
plan not voluntarily |
|
an order of the |
portation |
|
|
|
implemented |
|
Board |
and/or extra |
|
|
|
necessary |
|
|
expenses |
|
|
during VR |
|
|
|
|
1) compensation |
TTD plus |
|
| MARYLAND |
3/ x |
Yes |
x |
1) VR costs, plus |
1) accept VR |
suspended |
maximum |
|
| Secs. 36(9) |
|
TTD & maximum $40/ |
|
$40/week |
|
| 37 |
|
week maintenance |
|
maintenance |
|
|
for maximum 24 |
|
for maximum |
|
|
months; VR train- |
|
24 months; |
|
|
ing provided up |
|
VR training |
|
|
to a maximum of |
|
provided up |
|
|
24 months |
|
to a maximum |
|
|
of 24 months |
|
|
|
|
1) compensation |
TTD plus |
|
| MASSACHUSETTS |
x x |
Yes |
x |
1) VR costs |
1) not re- |
suspended during |
board, lod- |
|
| Secs. 30A |
|
2) costs of board, |
quired to |
period of re- |
ging and |
|
| 30B |
|
lodging & travel |
accept PR |
fusal |
travel |
|
| 30C |
|
during PR & VR |
or VR |
|
|
|
|
| TABLE
15. REHABILITATION BENEFITS PROVIDED
FOR INJURED WORKERS UNDER STATE WORKERS' COMPENSATION LAWS (cont.) |
|
|
|
Employee |
|
|
Rehab. |
WC |
Rehab. |
|
Penalties to |
Benefits |
|
|
Statutes* |
Rehab. |
Unit Services* |
Employer/Carrier |
Employee Re- |
Employees 2/ |
During VR |
|
| State |
PR VR |
Unit |
D / R / M |
Responsibilities 1/ |
sponsibilities |
|
|
|
1) compensation |
compensation |
|
| MICHIGAN |
x x |
Yes |
x x x |
1) costs of VR for |
1) accept PR |
reduced |
for "wage- |
|
| Secs. 418:315 |
|
maximum 104 weeks |
& VR |
|
loss" plus |
|
| 418:319 |
|
2) costs of travel |
|
travel & |
|
|
& expenses during |
|
necessary |
|
|
VR |
|
expenses |
|
|
3) may be required |
|
|
|
to offer VR by WC |
|
|
|
Bureau |
|
|
|
1) compensation |
compensation for |
|
| MINNESOTA |
3/ x |
Yes |
x x |
1) offer rehab counseling |
1) cooperate with |
suspended if |
TTD paid until 90 |
|
| Secs. 176.101 |
|
upon request of |
approved plan. |
employee refuses |
days after mmi. If |
|
| 176.102 |
|
employee, employer |
|
to make effort |
retraining approved, |
|
or wc agency. |
|
to cooperate |
TTD paid until 90 |
|
|
2) pay cost of VR |
|
with approved |
after the end of |
|
|
evaluation, plan |
|
rehab plan |
training; |
|
|
preparation, services and |
|
2) TTD benefits |
plus tui- |
|
|
supplies to implement |
|
stop if employee |
tion, books, |
|
|
plan. |
|
withdraws from |
custodial |
|
|
3) VR costs including |
|
labor market, |
daycare, |
|
|
tuition, books, day |
|
fails to search |
travel, |
|
|
care, travel; board |
|
for appropriate |
board & lod- |
|
|
and lodging during |
|
work, or refuses |
ging during |
|
|
travel, reasonable |
|
work consistent |
travel, and |
|
|
moving expenses and |
|
with rehab plan |
reasonable |
|
|
retraining up to 156 |
|
moving ex- |
|
|
weeks |
|
penses |
|
|
4) VR for surviving |
|
|
|
spouse in death cases |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
|
| TABLE
15. REHABILITATION BENEFITS PROVIDED
FOR INJURED WORKERS UNDER STATE WORKERS' COMPENSATION LAWS (cont.) |
|
|
|
Employee |
|
|
Rehab. |
WC |
Rehab. |
|
Penalties to |
Benefits |
|
|
Statutes* |
Rehab. |
Unit Services* |
Employer/Carrier |
Employee Re- |
Employees 2/ |
During VR |
|
| State |
PR VR |
Unit |
D / R / M |
Responsibilities 1/ |
sponsibilities |
|
|
|
1) compensation |
TTD plus |
|
| MISSISSIPPI |
3/ x |
Yes |
x |
1) during VR, pay |
1) accept PR |
suspended |
$10/week for |
|
| Secs. 71-3-15 |
|
maximum $10/week |
|
52 weeks |
|
| 71-3-19 |
|
for 52 weeks |
|
|
| 71-3-93 |
|
|
|
|
|
|
|
1) compensation |
TTD or TPD |
|
| MISSOURI |
x x |
Yes |
x |
1) provide rehab |
1) accept PR |
reduced 50% |
plus board, |
|
| Secs. 287.141 |
|
within 120 days if |
|
lodging & |
|
| 287.144 |
|
injury results in a |
|
travel |
|
|
loss of suitable, |
|
|
|
gainful employment |
|
|
|
2) pays VR & PR |
|
|
|
costs not to exceed |
|
|
|
$5,000 for 26 weeks, |
|
|
|
plus board, lodging |
|
|
|
& travel; employer |
|
|
|
may extend addi- |
|
|
|
tional 26 weeks |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| TABLE
15. REHABILITATION BENEFITS PROVIDED
FOR INJURED WORKERS UNDER STATE WORKERS' COMPENSATION LAWS (cont.) |
|
|
|
Employee |
|
|
Rehab. |
WC |
Rehab. |
|
Penalties to |
Benefits |
|
|
Statutes* |
Rehab. |
Unit Services* |
Employer/Carrier |
Employee Re- |
Employees 2/ |
During VR |
|
| State |
PR VR |
Unit |
D / R / M |
Responsibilities 1/ |
sponsibilities |
|
|
|
1) compensation |
1) benefits paid |
|
|
MONTANA |
3/ x |
No |
|
1) assign a rehab |
1) accept VR |
suspended |
at the TTD |
|
| Secs. 39-71-1006 |
|
provider to develop |
2) must have |
|
rate not to |
|
| 39-71-704 |
|
rehab plan. |
actual wage |
|
exceed 104 |
|
|
2) in addition to |
loss and |
|
weeks |
|
|
providing biweekly |
reasonable |
|
2) payment |
|
|
benefits, carrier |
opportunity to |
|
for tuition, |
|
|
provides payment |
reduce wage |
|
fees, books, |
|
|
for tuition, fees, |
loss through |
|
and other |
|
|
books, and other |
rehab, or |
|
reasonable |
|
|
reasonable and |
impairment |
|
and necessary |
|
|
necessary expen- |
rating of |
|
retraining |
|
|
ses, excluding |
15% or greater |
|
expenses for |
|
|
travel and living |
3) must begin |
|
injuries oc- |
|
|
expenses, for a |
rehab within |
|
curring on or |
|
|
disabled worker |
78 weeks of |
|
after 7/1/97 |
|
|
who is injured on |
reaching maxi- |
|
|
|
or after 7/1/97 |
mum medical |
|
|
|
|
healing |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
|
| TABLE
15. REHABILITATION BENEFITS PROVIDED
FOR INJURED WORKERS UNDER STATE WORKERS' COMPENSATION LAWS (cont.) |
|
|
|
Employee |
|
|
Rehab. |
WC |
Rehab. |
|
Penalties to |
Benefits |
|
|
Statutes* |
Rehab. |
Unit Services* |
Employer/Carrier |
Employee Re- |
Employees 2/ |
During VR |
|
| State |
PR VR |
Unit |
D / R / M |
Responsibilities 1/ |
sponsibilities |
|
|
|
1) compensation |
TTD plus |
|
| NEBRASKA |
x x |
Yes |
x x |
1) may be required |
1) accept PR |
reduced or |
board, lod- |
|
| Secs. 48-121 |
|
by WC Court to |
& VR |
suspended |
ging & |
|
| 48-161.01 |
|
offer PR |
|
travel |
|
| 48-162.01 |
|
2) cost of board, |
|
|
|
lodging & travel |
|
|
|
during PR |
|
|
|
3) S |