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

§10133.4. Rehabilitation of Industrially Injured Inmates.

(a) Inmates of a state penal or correctional institution may be eligible for workers' compensation benefits, including the provision of vocational rehabilitation services, for injuries which occur during their incarceration and while engaged in assigned work or employment. As used in this section:

(1) "Assigned work or employment" means work performed in any pay or non-pay position in a work program under the direction and with the approval of a duly authorized inmate leadman or supervisory leadman or Department of Corrections employee. The term does not include skill centers, vocational training or academic education programs (except for physical fitness training and forestry training which are authorized by Labor Code Section 3365 as prerequisites to fire suppression duties) or activities which are clearly not encompassed within the duties and responsibilities of the position to which assigned.

(2) "Inmate of a state penal or correctional institution" means a person committed to the custody of the Department of Corrections; and who is in a facility, camp, hospital, or institution of the Department of Corrections for the purpose of confinement, treatment, employment, training, or discipline; or who has been temporarily removed by the Department of Corrections from a facility under its jurisdiction with or without custody, for the performance of assigned work. The term does not include a prisoner who has escaped or who has been released on parole.

(3) "Director," as cited in subdivision (b) of Section 5069 of the Penal Code, means the Director of Corrections. In addition to the requirements of Sections 10123, 10124 and 10126, the Director of Corrections shall provide notice of the availability of vocational rehabilitation services to inmates disabled for 28 calendar days or more, on a form prescribed by the director. A copy of such form shall be sent to the Department of Rehabilitation.

(b) Notwithstanding Section 10125.1, an injured inmate who otherwise qualifies for vocational rehabilitation services shall not be entitled to vocational rehabilitation maintenance allowance payments while serving in a state penal or correctional institution.

(c) Vocational rehabilitation services to determine an inmate's eligibility as a qualified injured worker, and to develop any required vocational rehabilitation plan, shall be provided by a rehabilitation representative chosen by the Department of Corrections. Such services shall be provided the inmate as soon as it is feasible and prior to the inmate's release from custody, if possible, with the intent of preparing the inmate for suitable gainful employment upon release. Nothing shall bar the development and implementation of a plan, however, prior to the inmate's release, using modified work or an otherwise suitable work position meeting the definition of assigned work or employment under subsection (a) of this section.

NOTE: Authority cited: Sections 133, 138.4, 139.5 and 5307.3, Labor Code. Reference: Sections 3351 and 3370, Labor Code; and Section 5069, Penal Code.

HISTORY

1. Renumbering of former section 10021 to new section 10133.4 and amendment of section and Note filed 12-27-96; operative 12-27-96. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 96, No. 52).