Amendments to DWC's vocational rehabilitation regulations,
including two revised forms, RU-94 and RU-103, went into effect upon filing
with the Secretary of State on February 25, 1999.
The revisions amended Section 10129.1, Title 8, California Code
of Regulations to include language contained in Labor Code Section 4644
(b), which permits an employee to defer or interrupt services with the
agreement of the claims administrator. In the absence of an agreement,
it allows the Rehabilitation Unit to grant the request upon showing of
good cause. The amendment adds that provision to the regulations.
The other amendment revises two of the Rehabilitation Unit forms
contained in Section 10133 of Title 8, California Code of Regulations.
RU-94, Notice of Offer of Modified or Alternative Work, is revised
to more adequately distinguish the various elements required in an offer
of modified and alternative work. The elements are listed in Labor
Code Section 4644 (a) (5) and (6) as well as CCR Section 10122 (m) and
(n).
RU-103, Request for Dispute Resolution, is revised to more adequately
address disputes related to the employer's failure to provide rehabilitation
services as specified in Labor Code Section 4639. The Labor Code
section permits an employee to request vocational rehabilitation services
at the expense of the employer when the employer fails to assign a qualified
rehabilitation representative as required by Section 4636, fails to notify
the employee of possible entitlement to these services pursuant to Section
4637, or fails to provide timely vocational rehabilitation services.
The use of these revised forms became effective February 25,
1999. However, a two-month grace period for mandatory compliance
has been allowed. Mandatory use of the revised forms will be effective
May 17, 1999.
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