Chap. 392.—An ACT to provide for the vocational rehabilitation and education
of employees injured in the course of their employment; to create and
establish a division of vocational rehabilitation under the control and super-
vision of the industrial commission of Virginia; to provide for co-operation
with the United States government in the prosecution of similar work, and
to make an appropriation to carry said act into effect. [H B 325]

Approved March 20, 1920.

1. Be it enacted by the general assembly of Virginia, That in
order to provide for the vocational training and rehabilitation of
employees coming under the provisions of the Virginia workmen’s
compensation act, whose capacity to earn a living has been destroyed
or greatly impaired as a result of accident arising in the course of
their employment, there is hereby created and established, under the
direction and control of the industrial commission of Virginia. a
division for vocational rehabilitation.

2. That any such employee who may desire to avail of the benefits
of this act, and who is without sufficient means to provide for his or
her own rehabilitation, may apply to said division, on blanks to be
prepared and furnished by the industrial commission of Virginia for
that purpose; and said commission shall thereupon examine fully into
the merits of each case and make such order thereon as it may seem
proper, giving preference, however, to the applicants whose disabili-
ties are the greatest, and who were residents of the State of Virginia
at the time of sustaining their injuries.

3. That the said industrial commission of Virginia may appoint
any such applicants whom they shall consider fit subjects for re-
habilitation and education beneficiaries at any suitable institution or
school now established, or that may be hereafter established, either
within or without the State for such period as they may determine.
not to exceed the period of one year; provided, that on the special
recommendation of the institution or school to which the beneficiary
may be appointed, and with the approval of the governor, the period
may be further extended for not exceeding six additional months.

The commission shall have power to revoke any appointment so
made at any time for cause.

4. That whenever any such employee, as the result of the educa-
tional rehabilitation hereby provided shall have been enabled to regu-
larly earn an amount equal to or greater than the amount of his or
her “average weekly wage” at the date of injury, his or her mght
to the payment of future compensation under any existing award,
save and except such awards as are provided for by section thirty-two
of the Virginia workmen’s compensation act, shall thereafter cease
and determine, and if, as a result of such educational training the em-
ployee is enabled to earn regularly a wage in excess of fifty per centum
of the “average weekly wage” that he or she was enjoying at the time
of injury (save injuries provided for in said section thirty-two), the
existing award and his or her rights thereunder shall be modified in
accordance with the provisions of section thirty-one of the Virginia
workmen’s compensation act.

.§. That for the purpose of carrying out the provisions of this act
for the year ending December thirty-first, nineteen hundred and
twenty, the sum of ten thousand dollars ($10,000.00) is hereby appro-
priated, to be paid into a separate fund to be known as the State
rehabilitation fund, the same to be paid, however, from any surplus
amounts now standing to the credit of the “administrative fund” of the
industrial commission of Virginia, created by section seventy-five (c)
and (d) of the Virginia workmen’s compensation act. A like sum
shall be annually appropriated for the purpose of carrying into effect
the provisions of this act from the same fund if so much is available
after paying all the expenses incident and necessary to the original
purposes for which said “administrative fund” was created; and if
so much as ten thousand dollars ($10,000.00) is not available for
that purpose in any year, then such amount, not in excess of ten thou-
sand dollars ($10,000.00), as is so available shall annually be appro-
priated for the purposes of this act. It being intended hereby to
utilize and apply to the purposes of this act annually the sum of ten
thousand dollars ($10,000.00) from said fund if so much may be
available after all expenses incident to the conduct of the business of
the industrial commission shall have been fully provided for.

6. That the industrial commission of Virginia are hereby created
and designated as trustee to receive and accept any gifts, legacies or
devices that may at any time be made for the purpose of carrying
out the provisions of this act or in aid thereof. Any funds so received
to be paid into the State treasury and to become a part of the indus-
trial rehabilitation fund.

The said industrial commission of Virginia are hereby authorized
and empowered to co-operate with the United States government in
work of a like or similar nature as is hereby provided for, and by
and with the approval of the governor to accept the benefits of any
legislation that may hereafter be enacted by the United States govern-
ment having for its end the rehabilitation and training of employees
injured in the course of their employment.