Chapter 4.5. Division of Workers' Compensation
Subchapter 1.5. Injuries on or After January 1, 1990
Article 7. Vocational Rehabilitation

§10124. Identification of Medical Eligibility.

(a) For Injuries Occurring on or after 1/1/90 through 12/31/93 at 90 days of Aggregate Total Temporary Disability.

Within 25 days of receipt of the assignment required by subdivision (a) of Labor Code section 4636, the qualified rehabilitation representative shall:

(1) Meet with the employee to explain the services available to assist the employee in returning to work. If the employee's medical eligibility for vocational rehabilitation services has not yet been determined, the qualified rehabilitation representative shall assist the employee and confer with the employer in the joint development of a job description, using either DWC Form RU-91, "Description of Employee's Job Duties" or a narrative description, which may include a video tape of the tasks, worksite and equipment.

(2) Submit DWC Form RU-90, "Treating Physician's Report of Disability Status," and the job description to the employee's treating physician and request the physician to determine the employee's medical eligibility for vocational rehabilitation services.

(3) Provide the injured worker with the "Help In Returning to Work" pamphlet published by the Department of Industrial Relations, Division of Workers' Compensation.

(b) For Injuries Occurring on or after 1/1/94.

When 90 days of aggregate total disability occurs, the claims administrator shall, within 10 days, provide the employee "Help In Returning to Work-94" along with information on how to contact an Information and Assistance officer. (Reference 9813(d)(1).

(1) If the employee's medical eligibility for vocational rehabilitation services has not yet been determined, the claims administrator shall assist the employee in the joint development of a job description, using DWC Form RU-91, Description of Employee's Job Duties or a narrative description which may include a video tape of the tasks, worksite and equipment. If the employee unreasonably refuses to participate in the development of a joint job description, the employer's description shall be presumed to be the joint description.

(2) In the event that a dispute regarding the job duties cannot be resolved by the parties, the claims administrator shall submit this dispute to the Rehabilitation Unit. The Rehabilitation Unit will resolve the dispute on an expedited basis.

(3) The claims administrator must submit the DWC Form RU 90 "Treating Physician's Report of Disability Status", and the job description to the employee's treating physician and request the physician to determine the employee's medical eligibility for vocational rehabilitation services. In the event the treating physician is unable to determine if the employee is medically eligible for services, the claims administrator shall continue to contact the physician at no less than 60 day intervals until the physician can make a determination.

NOTE: Authority cited: Sections 133, 139.5 and 5307.3, Labor Code. Reference: Sections 139.5 and 4636, Labor Code.

HISTORY

1. Change without regulatory effect renumbering and amending former section 10124 to section 10127.1 and former section 10124.1 to section 10124 filed 1-22-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 10). For prior history, see Register 90, No. 4.

2. Editorial correction of printing error restoring section 10124 (Register 91, No. 31).

3. Amendment of section heading and section filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 93, No. 53).

4. Change without regulatory effect amending subsection (b) filed 3-14-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 11).

5. Amendment of subsections (b)-(b)(1) filed 2-21-95; operative 2-21-95. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 95, No. 8).