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

§10129. Interruption/Deferral of Services For Injuries Occurring Prior to 1/1/94.

(a) The provision of vocational rehabilitation services may be interrupted or deferred upon the request of the employee and agreement by the claims administrator, or if the agreement cannot be reached, upon a finding of good cause by the Rehabilitation Unit.

The claims administrator shall within 10 days of the agreement, confirm the deferral or interruption in writing to the employee including advice concerning procedures to be followed by the employee to commence or continue vocational rehabilitation services.

(b) The period of deferral or interruption may be extended upon agreement of the employee and claims administrator. If the employee and claims administrator are unable to agree to an extension of the deferral or interruption period, the Rehabilitation Unit may order an extension of the deferral or interruption period upon a finding that the extension is in the best interests of the employee.

(c) If the claims administrator fails to commence or continue vocational rehabilitation services after receipt of a timely request from the employee, the employee may request the Rehabilitation Unit to order the provision of vocational rehabilitation services pursuant to section 10128.

(d) If the employer offers the employee modified or alternate employment, the claims administrator may request the Rehabilitation Unit to determine whether the employer's offer provides the employee with suitable gainful employment. If the Rehabilitation Unit finds the employer's offer reasonable and appropriate, the employee shall not be entitled to the development or implementation of an additional plan.

NOTE: Authority cited: Sections 133, 139.5 and 5307.3, Labor Code. Reference: Sections 139.5 and 4644, Labor Code.

HISTORY

1. Change without regulatory effect renumbering and amending former section 10129 to section 10132 and former section 10131 to section 10129 filed 1-22-91; operative 1-22-91 (Register 91, No. 10). For prior history, see Register 90, No. 4.

2. Amendment of section heading, subsections (a)-(c), new subsection (d) filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 93, No. 53).