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

§10127.2. Independent Vocational Evaluator.

(a) The Rehabilitation Unit Headquarters shall maintain a list of Qualified Rehabilitation Representatives (QRR) who meet the requirements of an Independent Vocational Evaluator (IVE) pursuant to Labor Code section 4635(c). A QRR who meets the qualifications specified in Labor Code Section 4635(c) may apply to be included on the IVE list throughout the year. The IVE list shall be reviewed and revised on a yearly basis, and shall be made available upon request.

(b) The parties are encouraged to select a QRR whenever a dispute is raised regarding the assignment of a QRR.If the parties cannot agree on the selection of a QRR within fifteen (15) days, either party may request the Rehabilitation Unit to appoint an IVE. To request an IVE either party must file a Request for Dispute Resolution, DWC Form RU-103, with the correct Rehabilitation Unit district office.

(c) Within fifteen (15) days of receipt of the request, the Rehabilitation Unit shall appoint an IVE with notice served simultaneously on the IVE and all parties. The assignment shall be made in rotation from a panel of all independent vocational evaluators in the geographic area included within the venue of the correct rehabilitation unit district office and who meet the language and specialty requirements, if any, of the employee.

(d) Upon receipt of notification of the IVE appointment, the claims administrator shall forward all medical and vocational reports to the IVE within ten (10) days. If the IVE is unable to meet with the employee within ten (10) days of receipt of the medical and vocational reports, upon notification from either party, the Rehabilitation Unit shall appoint another IVE.

(e) The IVE shall communicate with the injured worker throughout the provision of rehabilitation services. Except as specified in Administrative Rule 10127.2(d) above, no party shall communicate with the IVE regarding the evaluation unless otherwise directed by the Rehabilitation Unit except for communications initiated by the IVE. All such communications shall be confirmed in writing by the IVE.

(f) The Rehabilitation Unit may order that vocational rehabilitation services be provided by an Independent Vocational Evaluator at the expense of the employer, subject to the maximum expenditure for counseling fees set forth in Labor Code Section 139.5 for injuries occurring on or after 1/1/94, upon a finding of any of the following:

(1) The claims administrator failed to provide vocational rehabilitation services in a timely manner subsequent to the employee requesting vocational rehabilitation services;

(2) An independent vocational evaluation is necessary for the rehabilitation unit to determine if an employee is vocationally feasible;

(3) An independent vocational evaluation is necessary for the Rehabilitation Unit to determine if a vocational rehabilitation plan meets the requirements of this article; or

(4) The employee and qualified rehabilitation representative cannot agree on a vocational goal.

NOTE: Authority cited: Sections 133, 139.5 and 5307.3, Labor Code. Reference: Sections 4635 and 4639, Labor Code.

HISTORY

1. New section filed 1-18-90; operative 1-18-90 (Register 90, No. 4). New section is exempt from review by OAL pursuant to Government Code section 11351.

2. Change without regulatory effect amending section filed 1-22-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 10).

3. Renumbering of former section 10125 to section 10127.2 and amendment of subsections (d)-(f)(1) filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 93, No. 53).