Rule 38: Vocational Rehabilitation — Costs

A. Costs of tuition, books, tools, and such other fees and costs as are deemed appropriate by the court shall be paid directly to the service provider or payor from the Workers’ Compensation Trust Fund upon receipt of a training progress report, as required, and proper billing or other appropriate documentation.

B. When residence is required at or near the facility or institution away from the employee’s customary residence and board and/or lodging is available at the training facility, such costs shall be paid directly to the training facility from the Workers’ Compensation Trust Fund upon receipt of proper billing.

C. When residence is required at or near the facility or institution away from the employee’s customary residence and board and lodging are available at the training facility or institution and the employee elects to utilize local housing in lieu of that available at the training facility or institution, the equivalent of the published cost of the training facility’s or institution’s board and lodging, but not local travel, may be paid directly to the employee from the Workers’ Compensation Trust Fund. Such costs shall be established and approved by the court.

D. When residence is required at or near the facility or institution, away from the employee’s customary residence and board and/or lodging is not available at the training facility, the reasonable cost of board, lodging and travel will be paid directly to the employee from the Workers’ Compensation Trust Fund. Such costs shall be established and approved by the court.

E. When it is in the best interests of the employee to commute to and from the facility or institution rather than to reside at or near the facility or institution the reasonable cost of travel or the equivalent of the reasonable cost of room and board, whichever is lower, may be paid directly to the employee from the Workers’ Compensation Trust Fund. Such costs shall be established and approved by the court.