RCW 51.32.095
Vocational rehabilitation
services -- Benefits -- Priorities -- Allowable costs -- Performance
criteria. (Expires June 30, 2013.)
(1) One of the primary
purposes of this title is to enable the injured worker to become
employable at gainful employment. To this end, the department or
self-insurers shall utilize the services of individuals and
organizations, public or private, whose experience, training, and
interests in vocational rehabilitation and retraining qualify
them to lend expert assistance to the supervisor of industrial
insurance in such programs of vocational rehabilitation as may be
reasonable to make the worker employable consistent with his or
her physical and mental status. Where, after evaluation and
recommendation by such individuals or organizations and prior to
final evaluation of the worker's permanent disability and in the
sole opinion of the supervisor or supervisor's designee, whether
or not medical treatment has been concluded, vocational
rehabilitation is both necessary and likely to enable the injured
worker to become employable at gainful employment, the supervisor
or supervisor's designee may, in his or her sole discretion, pay
or, if the employer is a self-insurer, direct the self-insurer to
pay the cost as provided in subsection (3) of this section or RCW 51.32.099, as appropriate. An injured worker may not participate
in vocational rehabilitation under this section or RCW 51.32.099
if such participation would result in a payment of benefits as
described in RCW 51.32.240(5), and any benefits so paid shall be
recovered according to the terms of that section.
(2) When in the sole discretion of the supervisor or the
supervisor's designee vocational rehabilitation is both necessary
and likely to make the worker employable at gainful employment,
then the following order of priorities shall be used:
(a) Return to the previous job with the same employer;
(b) Modification of the previous job with the same employer
including transitional return to work;
(c) A new job with the same employer in keeping with any
limitations or restrictions;
(d) Modification of a new job with the same employer
including transitional return to work;
(e) Modification of the previous job with a new employer;
(f) A new job with a new employer or self-employment based
upon transferable skills;
(g) Modification of a new job with a new employer;
(h) A new job with a new employer or self-employment
involving on-the-job training;
(i) Short-term retraining and job placement.
(3)(a) For vocational plans approved prior to July 1, 1999,
costs for vocational rehabilitation benefits allowed by the
supervisor or supervisor's designee under subsection (1) of this
section may include the cost of books, tuition, fees, supplies,
equipment, transportation, child or dependent care, and other
necessary expenses for any such worker in an amount not to exceed
three thousand dollars in any fifty-two week period except as
authorized by *RCW 51.60.060, and the cost of continuing the
temporary total disability compensation under RCW 51.32.090 while
the worker is actively and successfully undergoing a formal
program of vocational rehabilitation.
(b) When the department has approved a vocational plan for a
worker between July 1, 1999, through December 31, 2007, costs for
vocational rehabilitation benefits allowed by the supervisor or
supervisor's designee under subsection (1) of this section may
include the cost of books, tuition, fees, supplies, equipment,
child or dependent care, and other necessary expenses for any
such worker in an amount not to exceed four thousand dollars in
any fifty-two week period except as authorized by *RCW 51.60.060, and the cost of transportation and continuing the
temporary total disability compensation under RCW 51.32.090 while
the worker is actively and successfully undergoing a formal
program of vocational rehabilitation.
(c) The expenses allowed under (a) or (b) of this subsection
may include training fees for on-the-job training and the cost of
furnishing tools and other equipment necessary for
self-employment or reemployment. However, compensation or
payment of retraining with job placement expenses under (a) or
(b) of this subsection may not be authorized for a period of more
than fifty-two weeks, except that such period may, in the sole
discretion of the supervisor after his or her review, be extended
for an additional fifty-two weeks or portion thereof by written
order of the supervisor.
(d) In cases where the worker is required to reside away
from his or her customary residence, the reasonable cost of board
and lodging shall also be paid.
(e) Costs paid under this subsection shall be chargeable to
the employer's cost experience or shall be paid by the
self-insurer as the case may be.
(4) In addition to the vocational rehabilitation
expenditures provided for under subsection (3) of this section
and RCW 51.32.099, an additional five thousand dollars may, upon
authorization of the supervisor or the supervisor's designee, be
expended for: (a) Accommodations for an injured worker that are
medically necessary for the worker to participate in an approved
retraining plan; and (b) accommodations necessary to perform the
essential functions of an occupation in which an injured worker
is seeking employment, consistent with the retraining plan or the
recommendations of a vocational evaluation. The injured worker's
attending physician or licensed advanced registered nurse
practitioner must verify the necessity of the modifications or
accommodations. The total expenditures authorized in this
subsection and the expenditures authorized under RCW 51.32.250
shall not exceed five thousand dollars.
(5) When the department has approved a vocational plan for a
worker prior to January 1, 2008, regardless of whether the worker
has begun participating in the approved plan, costs for
vocational rehabilitation benefits allowed by the supervisor or
supervisor's designee under subsection (1) of this section are
limited to those provided under subsections (3) and (4) of this
section.
For vocational plans approved for a worker between January
1, 2008, through June 30, 2013, total vocational costs allowed by
the supervisor or supervisor's designee under subsection (1) of
this section shall be limited to those provided under the pilot
program established in RCW 51.32.099, and vocational
rehabilitation services shall conform to the requirements in RCW 51.32.099.
(6) The department shall establish criteria to monitor the
quality and effectiveness of rehabilitation services provided by
the individuals and organizations used under subsection (1) of
this section and under RCW 51.32.099. The state fund shall make
referrals for vocational rehabilitation services based on these
performance criteria.
(7) The department shall engage in, where feasible and
cost-effective, a cooperative program with the state employment
security department to provide job placement services under this
section and RCW 51.32.099.
(8) The benefits in this section and RCW 51.32.099 shall be
provided for the injured workers of self-insured employers.
Self-insurers shall report both benefits provided and benefits
denied under this section and RCW 51.32.099 in the manner
prescribed by the department by rule adopted under chapter 34.05 RCW. The director may, in his or her sole discretion and upon
his or her own initiative or at any time that a dispute arises
under this section or RCW 51.32.099, promptly make such inquiries
as circumstances require and take such other action as he or she
considers will properly determine the matter and protect the
rights of the parties.
(9) Except as otherwise provided in this section or RCW 51.32.099, the benefits provided for in this section and RCW 51.32.099 are available to any otherwise eligible worker
regardless of the date of industrial injury. However, claims
shall not be reopened solely for vocational rehabilitation
purposes.
[2007 c 72 § 1; 2004 c 65 § 10; 1999 c 110 § 1. Prior: 1996 c 151 § 1; 1996 c 59 § 1; 1988 c 161 § 9; 1985 c 339 § 2; 1983 c 70 § 2; 1982 c 63 § 11; 1980 c 14 § 10. Prior: 1977 ex.s. c 350 § 48; 1977 ex.s. c 323 § 16; 1972 ex.s. c 43 § 23; 1971 ex.s. c 289 § 12.]
NOTES:
*Reviser's note: RCW 51.60.060 expired June 30, 1999, pursuant to 1994 c 29 § 8.
Implementation -- Effective date -- Expiration date -- 2007 c 72: See notes following RCW 51.32.099.
Report to legislature -- Effective date -- Severability -- 2004 c 65: See notes following RCW 51.04.030.
Effective date -- 1999 c 110 § 1: "Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999." [1999 c 110 § 3.]
Legislative finding -- 1985 c 339: "The legislature finds that the vocational rehabilitation program created by chapter 63, Laws of 1982, has failed to assist injured workers to return to suitable gainful employment without undue loss of time from work and has increased costs of industrial insurance for employers and employees alike. The legislature further finds that the administrative structure established within the industrial insurance division of the department of labor and industries to develop and oversee the provision of vocational rehabilitation services has not provided efficient delivery of vocational rehabilitation services. The legislature finds that restructuring the state's vocational rehabilitation program under the department of labor and industries is necessary." [1985 c 339 § 1.]
Severability -- 1985 c 339: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 339 § 6.]
Severability -- 1983 c 70: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1983 c 70 § 5.]
Effective dates -- Implementation -- 1982 c 63: "Section 4 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [March 26, 1982]. All other sections of this act shall take effect on January 1, 1983. The director of the department of labor and industries is authorized to immediately take such steps as are necessary to insure that this act is implemented on its effective dates." [1982 c 63 § 26.]
Severability -- Effective date -- 1977 ex.s. c 323: See notes following RCW 51.04.040.
RCW 51.32.095
Vocational rehabilitation
services -- Benefits -- Priorities -- Allowable costs -- Performance
criteria. (Effective June 30, 2013.)
(1) One of the primary
purposes of this title is to enable the injured worker to become
employable at gainful employment. To this end, the department or
self-insurers shall utilize the services of individuals and
organizations, public or private, whose experience, training, and
interests in vocational rehabilitation and retraining qualify
them to lend expert assistance to the supervisor of industrial
insurance in such programs of vocational rehabilitation as may be
reasonable to make the worker employable consistent with his or
her physical and mental status. Where, after evaluation and
recommendation by such individuals or organizations and prior to
final evaluation of the worker's permanent disability and in the
sole opinion of the supervisor or supervisor's designee, whether
or not medical treatment has been concluded, vocational
rehabilitation is both necessary and likely to enable the injured
worker to become employable at gainful employment, the supervisor
or supervisor's designee may, in his or her sole discretion, pay
or, if the employer is a self-insurer, direct the self-insurer to
pay the cost as provided in subsection (3) of this section.
(2) When in the sole discretion of the supervisor or the
supervisor's designee vocational rehabilitation is both necessary
and likely to make the worker employable at gainful employment,
then the following order of priorities shall be used:
(a) Return to the previous job with the same employer;
(b) Modification of the previous job with the same employer
including transitional return to work;
(c) A new job with the same employer in keeping with any
limitations or restrictions;
(d) Modification of a new job with the same employer
including transitional return to work;
(e) Modification of the previous job with a new employer;
(f) A new job with a new employer or self-employment based
upon transferable skills;
(g) Modification of a new job with a new employer;
(h) A new job with a new employer or self-employment
involving on-the-job training;
(i) Short-term retraining and job placement.
(3)(a) Except as provided in (b) of this subsection, costs
for vocational rehabilitation benefits allowed by the supervisor
or supervisor's designee under subsection (1) of this section may
include the cost of books, tuition, fees, supplies, equipment,
transportation, child or dependent care, and other necessary
expenses for any such worker in an amount not to exceed three
thousand dollars in any fifty-two week period except as
authorized by *RCW 51.60.060, and the cost of continuing the
temporary total disability compensation under RCW 51.32.090 while
the worker is actively and successfully undergoing a formal
program of vocational rehabilitation.
(b) Beginning with vocational rehabilitation plans approved
on or after July 1, 1999, costs for vocational rehabilitation
benefits allowed by the supervisor or supervisor's designee under
subsection (1) of this section may include the cost of books,
tuition, fees, supplies, equipment, child or dependent care, and
other necessary expenses for any such worker in an amount not to
exceed four thousand dollars in any fifty-two week period except
as authorized by *RCW 51.60.060, and the cost of transportation
and continuing the temporary total disability compensation under
RCW 51.32.090 while the worker is actively and successfully
undergoing a formal program of vocational rehabilitation.
(c) The expenses allowed under (a) or (b) of this subsection
may include training fees for on-the-job training and the cost of
furnishing tools and other equipment necessary for
self-employment or reemployment. However, compensation or
payment of retraining with job placement expenses under (a) or
(b) of this subsection may not be authorized for a period of more
than fifty-two weeks, except that such period may, in the sole
discretion of the supervisor after his or her review, be extended
for an additional fifty-two weeks or portion thereof by written
order of the supervisor.
(d) In cases where the worker is required to reside away
from his or her customary residence, the reasonable cost of board
and lodging shall also be paid.
(e) Costs paid under this subsection shall be chargeable to
the employer's cost experience or shall be paid by the
self-insurer as the case may be.
(4) In addition to the vocational rehabilitation
expenditures provided for under subsection (3) of this section,
an additional five thousand dollars may, upon authorization of
the supervisor or the supervisor's designee, be expended for:
(a) Accommodations for an injured worker that are medically
necessary for the worker to participate in an approved retraining
plan; and (b) accommodations necessary to perform the essential
functions of an occupation in which an injured worker is seeking
employment, consistent with the retraining plan or the
recommendations of a vocational evaluation. The injured worker's
attending physician or licensed advanced registered nurse
practitioner must verify the necessity of the modifications or
accommodations. The total expenditures authorized in this
subsection and the expenditures authorized under RCW 51.32.250
shall not exceed five thousand dollars.
(5) The department shall establish criteria to monitor the
quality and effectiveness of rehabilitation services provided by
the individuals and organizations used under subsection (1) of
this section. The state fund shall make referrals for vocational
rehabilitation services based on these performance criteria.
(6) The department shall engage in, where feasible and
cost-effective, a cooperative program with the state employment
security department to provide job placement services under this
section.
(7) The benefits in this section shall be provided for the
injured workers of self-insured employers. Self-insurers shall
report both benefits provided and benefits denied under this
section in the manner prescribed by the department by rule
adopted under chapter 34.05 RCW. The director may, in his or her
sole discretion and upon his or her own initiative or at any time
that a dispute arises under this section, promptly make such
inquiries as circumstances require and take such other action as
he or she considers will properly determine the matter and
protect the rights of the parties.
(8) Except as otherwise provided in this section, the
benefits provided for in this section are available to any
otherwise eligible worker regardless of the date of industrial
injury. However, claims shall not be reopened solely for
vocational rehabilitation purposes.
[2004 c 65 § 10; 1999 c 110 § 1. Prior: 1996 c 151 § 1; 1996 c 59 § 1; 1988 c 161 § 9; 1985 c 339 § 2; 1983 c 70 § 2; 1982 c 63 § 11; 1980 c 14 § 10. Prior: 1977 ex.s. c 350 § 48; 1977 ex.s. c 323 § 16; 1972 ex.s. c 43 § 23; 1971 ex.s. c 289 § 12.]
NOTES:
*Reviser's note: RCW 51.60.060 expired June 30, 1999, pursuant to 1994 c 29 § 8.
Report to legislature -- Effective date -- Severability -- 2004 c 65: See notes following RCW 51.04.030.
Effective date -- 1999 c 110 § 1: "Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999." [1999 c 110 § 3.]
Legislative finding -- 1985 c 339: "The legislature finds that the vocational rehabilitation program created by chapter 63, Laws of 1982, has failed to assist injured workers to return to suitable gainful employment without undue loss of time from work and has increased costs of industrial insurance for employers and employees alike. The legislature further finds that the administrative structure established within the industrial insurance division of the department of labor and industries to develop and oversee the provision of vocational rehabilitation services has not provided efficient delivery of vocational rehabilitation services. The legislature finds that restructuring the state's vocational rehabilitation program under the department of labor and industries is necessary." [1985 c 339 § 1.]
Severability -- 1985 c 339: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 339 § 6.]
Severability -- 1983 c 70: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1983 c 70 § 5.]
Effective dates -- Implementation -- 1982 c 63: "Section 4 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [March 26, 1982]. All other sections of this act shall take effect on January 1, 1983. The director of the department of labor and industries is authorized to immediately take such steps as are necessary to insure that this act is implemented on its effective dates." [1982 c 63 § 26.]
Severability -- Effective date -- 1977 ex.s. c 323: See notes following RCW 51.04.040.