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

§10131.1. Declination of Rehabilitation.

(a) A request for conclusion of rehabilitation benefits, or a notice of termination of vocational rehabilitation services on the basis that the employee has declined rehabilitation services must be made in the form and manner set forth by the Administrative Director in section 10131 of these rules by using DWC Form RB-105 or DWC Form RU-105.

(b) Absent timely objection by the employee 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 employer's liability for vocational rehabilitation services will be presumed terminated when:

(1)(A) The employee, with a date of injury prior to 1/1/90, received a notice of potential entitlement to rehabilitation services, immediately following the claims administrator's knowledge of potential medical eligibility or immediately following 180 days of aggregate total disability, or

(B) The employee with a date of injury on or after 1/1/90 has received a notice of potential eligibility pursuant to Labor Code section 4637(a); and,

(2) If the injury occurred between 1/1/90 and 12/31/93, the employee has received a full explanation by a Qualified Rehabilitation Representative of his/her rights and obligations pertaining to vocational services pursuant to Labor Code section 4636(a); or

(3) If the injury occurred on or after 1/1/94, the employee has received a notice of his/her rights and obligations as required in Section 9813(d)(2).

(c) The employee and his/her representative, if any, must sign a declination of rehabilitation on the form prescribed by the Administrative Director.

(d) The claims administrator shall submit a "Request for Conclusion of Rehabilitation Benefits", DWC Form RB-105 for employees with a date of injury prior to 1/1/90, to the correct Rehabilitation Unit district office with copies to all parties. A "Notice of Termination of Vocational Rehabilitation Services", DWC Form RU-105, shall be submitted for employees with dates of injury on or after 1/1/90 to the correct Rehabilitation Unit district office with copies to all parties. The request shall be accompanied with the notice of potential eligility and either (i) the signed "Statement of Decline of Rehabilitation Benefits", DWC Form RB-107, for employees with dates of injury prior to 1/1/90 or (ii) an "Employee Statement of Declination of Vocational Rehabilitation Services," DWC Form RU-107 for employees with dates of injury between 1/1/90 and 12/31/93 or (iii) an "Employee Statement of Declination of Vocational Rehabilitation Services", DWC Form RU-107A, for employees with dates of injury on or after 1/1/94.

NOTE: Authority cited: Sections 133, 139.5 and 5307.3, Labor Code. Reference: Section 4641 and 4644, Labor Code.

HISTORY

1. Change without regulatory effect renumbering and amending former section 10128 to section 10131.1 filed 1-22-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 10).

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

4. 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).

5. Amendment of subsection (d) filed 8-26-98; operative 9-25-98 (Register 98, No. 35).