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.