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

§10131. Termination of Vocational Rehabilitation Services.

(a) When the employer/claims administrator elects to terminate rehabilitation services of an employee injured before 1/1/90, prior to such termination, the claims administrator shall provide the employee with a “Request for Conclusion of Rehabilitation Benefits”, DWC Form RB-105. For employees injured on or after 1/1/90, the claims administrator shall provide the employee with a “Notice of Termination of Rehabilitation Services,” DWC RU-105. The notice must be sent within 10 days of the circumstances set forth in Labor Code section 4644(a) with copies sent to all parties, including the Rehabilitation Unit, with proof of service. The copy forwarded to the Rehabilitation Unit shall include the Rehabilitation Unit file number or a RU 101 attached.

(b) If the employee wishes to object to the “Request for Conclusion of Rehabilitation Benefits”, DWC Form RB-105 or the “Notice of Termination of Vocational Rehabilitation Services”, DWC Form RU-105, the objection must be filed with the Rehabilitation Unit within twenty days using the “Request for Dispute Resolution”, DWC Form RU-103. The claims administrator shall provide the employee with a RU-103 with the “Request for Conclusion of Rehabilitation Benefits”, DWC Form RB-105, or “Notice of Termination of Vocational Rehabilitation Services” DWC Form RU-105. Absent timely objection by the employee, the employer's liability for vocational rehabilitation services will be presumed terminated.

(c) When the employee objects to the claims administrator's “Request for Conclusion of Rehabilitation Benefits”, DWC Form RB-105 or “Notice of Termination of Vocational Rehabilitation Services”, DWC Form RU-105, the Rehabilitation Unit shall, within thirty (30) days of the employee's objection, hold a conference or otherwise obtain the employee's reasons for objection together with substantiating evidence and issue its decision.

(d) For injuries occurring on or after 1/1/94. When the employer offers modified or alternative work to the employee on the DWC Form RU-94 that meets the conditions of Labor Code Section 4644(a)(5), (6), or (7) and subsequently learns that the employee cannot lawfully perform modified or alternative work due to the employee's immigration status, the employer is not required to provide vocational rehabilitation services.

(e) An employer's obligation to provide modified or alternative work to a seasonal employee is terminated after 12 months if the following conditions apply:

(1) The employee was hired on a seasonal basis prior to injury;

(2) The offer or modified or alternative work is on a similar seasonal basis to the employee's previous employment; and

(3) The offer is made on the DWC Form RU-94 that meets the conditions of Labor Code Section 4644(a)(5), (6), or (7).

(f) For dates of injuries on or after 1/1/03, where the employee and employer have agreed to settle the employee's right to prospective vocational rehabilitation services for an amount not to exceed $10,000 for the employee's use in self-directed rehabilitation, the employer/claims administrator's liability for vocational rehabilitation services is terminated.

NOTE

Authority cited: Sections 133, 139.5 and 5307.3, Labor Code. Reference: Sections 139.5, 4644 and 4646, Labor Code.

HISTORY

1. Change without regulatory effect renumbering and amending former section 10131 to section 10129 and former section 10133 to section 10131 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 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).

3. Amendment filed 12-27-96; operative 12-27-96. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 96, No. 52).

4. Amendment of subsection (a), new subsections (d)-(f) and amendment of NOTE filed 3-25-2003; operative 3-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 13).