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

§10125.1. Vocational Rehabilitation Maintenance Allowance.

(a) Vocational Rehabilitation Maintenance Allowance (VRMA) payments shall be made every 14 days on the day designated with the first payment.

(b) If the employee fails to reasonably cooperate with the provisions of vocational rehabilitation services subsequent to a request, the claims administrator may notify the worker of the claims administrator's intent to withhold the employee's maintenance allowance in accordance with Section 9813 (c)(4) and (d)(4). Failure to cooperate includes unreasonable failure to attend scheduled meetings and unreasonable failure to follow-up on tasks assigned in the development or implementation of a vocational rehabilitation plan.

(c) When the injured worker is receiving or should be receiving VRMA, the maintenance allowance payable during any delay caused by the employer or claims administrator shall be paid to the injured worker at the temporary disability rate. "Delay" includes any delay in the employer's provision of notice to the employee in accordance with subdivision (d) of Section 4636 of the Labor Code. For injuries occurring on or after 1/1/94, such payments will not be counted against the maximum allowable expenditure for vocational rehabilitation services or against the 52 week limitation on maintenance allowance payments.

NOTE: Authority cited: Sections 133, 139.5 and 5307.3, Labor Code. Reference: Sections 139.5, 4636, 4638 and 4642, Labor Code.

HISTORY

1. New 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).

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

3. Amendment of subsection (c) filed 2-21-95; operative 2-21-95. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 95, No. 8).