Rule 36: Eligibility and Approval of Vocational Rehabilitation Services

A. Vocational rehabilitation services shall be made available as soon as it has been medically determined that the employee is capable of undertaking such activity and that he or she is unable to perform suitable work for which he or she has had previous training or experience.

B. All proposed vocational rehabilitation plans shall be evaluated by a vocational rehabilitation specialist of the court and approved or disapproved by such specialist. Any party who refuses to accept the decision of the specialist may request a hearing before a judge of the court.

1. Notice of all plans approved or disapproved by a specialist of the court shall be sent to the employee, and either the employer, its workers’ compensation insurer or risk management pool, and the vocational rehabilitation counselor. 

2. If a plan is approved by a specialist of the court, such employer or workers’ compensation insurer or risk management pool shall inform the specialist within 14 days of the date such notice is sent whether or not it will accept the plan and shall concurrently with such acceptance agree to the payment of temporary disability to the employee while he or she is participating in the plan and making satisfactory progress. 

3. Failure of an employee to participate or make satisfactory progress in a plan approved by a specialist of the court and voluntarily agreed to by the employer may result in cancellation of the plan by the specialist or termination of funding by the administrator of the court. Any party who refuses to accept the decision of the specialist or administrator may request a hearing before a judge of the court.