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

§10131.2. Settlement of Prospective Vocational Rehabilitation.

(a) A represented employee who was injured on or after January 1, 2003 can settle prospective vocational rehabilitation services for an amount not to exceed $10,000 in self directed vocational rehabilitation when the following conditions have been met;

(1) The settlement of the employee's rights to prospective vocational rehabilitation services shall be set forth on the DWC Form RU-122;

(2) Prior to entering into any settlement agreement, the attorney for the represented employee shall fully disclose and explain to the employee the nature and quality of the rights and privileges being waived; and

(3) The “Settlement of Prospective Vocational Rehabilitation Services” shall be submitted on the DWC Form RU-122 for employees with a date of injury on or after January 1, 2003 to the correct Rehabilitation Unit office with copies to all parties.

(b) The Rehabilitation Unit may only disapprove a settlement agreement upon a finding that receipt of rehabilitation services is necessary to return the employee to suitable gainful employment. If disapproval is not made within ten (10) days of the Rehabilitation Unit's receipt of a fully executed agreement, the agreement shall be deemed approved.

NOTE

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

HISTORY

1. New section filed 1-29-2003; operative 1-29-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 5). For prior history, see Register 96, No. 13.