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

§10124.1. Identification of Vocational Feasibility.

(a) The Qualified Rehabilitation Representative (QRR) selected pursuant to Labor Code section 4637(a)(5) shall determine the employee's “vocational feasibility” as defined in Labor Code section 4635(a)(2). The QRR's determination of vocational feasibility may include the following steps:

(1) an initial evaluation meeting;

(2) an assessment of existing employment skills;

(3) consideration of the current physical limitations and work restrictions contained in the medical record;

(4) an assessment of the injured employee's perception of his or her physical capacities;


(5) an identification of vocational strengths;

(6) an identification of factors that may prevent or enhance participation in vocational rehabilitation services; and

(7) the use of vocational testing and/or work evaluation services when appropriate.

(b) The QRR shall prepare an initial report using DWC Form RU-120 addressing the employee's vocational feasibility prior to completing the “Vocational Rehabilitation Plan”, DWC Form RU 102. The QRR shall thereafter continue to address the employee's vocational feasibility using DWC Form RU-121. For employees injured on or after 1/1/94, where all of the events contained in Section 10125 have occurred, the fees for reports required by this section shall be attributable to the maximum aggregate fees provided for in Section 10132.

(c) The QRR's report of vocational non-feasibility shall identify the specific factor(s) preventing the employee from benefiting from the provision of vocational rehabilitation services. The report shall further identify any recommended action the employee should pursue in order to attain vocational feasibility.

(d) Where the QRR determines an employee lacks vocational feasibility, the claims administrator may, after notice to the employee pursuant to Sections 9812(d) or 9813(a)(3), discontinue vocational rehabilitation services and vocational rehabilitation temporary disability or maintenance allowance payments.

(e) The employee may dispute the claims administrator's discontinuance of benefits under subdivision (d) by filing a “Request for Dispute Resolution”, DWC Form RU-103, pursuant to Section 10127(c) or (d). Notwithstanding Section 10127(e), the Rehabilitation Unit shall consider the dispute on an expedited basis, and shall issue a determination within ten (10) days of receipt of the RU-103.

NOTE

Authority cited: Sections 133, 138.4, 139.5 and 5307.3, Labor Code. Reference: Sections 4635 and 4637, Labor Code.

HISTORY

1. New section filed 5-30-2001; operative 6-29-2001 (Register 2001, No. 22). For prior history, see Register 91, No. 46.