WAC 296-19A-135
What reports does the department require
when forensic services are provided? A forensic evaluation
requires thirty-day progress report(s) and a final report.
(1) Progress reports. Each progress report must include:
(a) A detailed explanation why the forensic referral was
not completed as of the date of the report;
(b) A summary of all activities taken in the past thirty
days, including progress on previously recommended actions;
(c) Identification and analysis of any barriers
preventing completion of the referral; and
(d) A description of the specific actions the provider
intends to take to overcome barriers and the expected time
frame to complete those actions.
(2) Final report. The final report must include
recommendations and a recommended outcome. The report must
comprehensively evaluate the vocational and medical aspects of
the claim so that the adjudicator can make an appropriate
vocational decision. The vocational provider must designate
an outcome in the closing report when the forensic evaluation
is complete. The recommendations may include, but are not
limited to:
(a) Able to work: The injured worker is employable at
gainful employment. The report must include:
(i) Whether the worker is employable with the employer of
injury or current employer, or if not, a list of job
possibilities for which the worker is qualified;
(ii) A medically approved job analysis. When this is not
obtainable, medically approved physical capacities information
supporting the worker's ability to perform the job may be
used; and
(iii) Labor market information supporting the provider's
recommendation. Labor market information is not necessary
when the injured worker is medically released to work for
their job of injury at their previous work pattern.
(b) Further services appropriate: Vocational
rehabilitation services are necessary and likely to enable the
injured worker to become employable at gainful employment.
The report must include:
(i) An analysis demonstrating how vocational
rehabilitation plan development services are necessary and
likely to enable the injured worker to become employable at
gainful employment.
(ii) The specific return to work possibilities
investigated and the reasons why they were ruled out,
including labor market information when necessary.
(c) Further services not appropriate: The injured worker
is not likely to benefit from vocational services. The report
must include:
(i) An analysis explaining why vocational services are
not appropriate;
(ii) Identifying barriers that will make it unlikely the
worker will benefit from vocational services, consistent with
the requirements in WAC 296-19A-010(1);
(iii) Medical, labor market, and/or other information, as
necessary, supporting the provider's recommendations.
(d) Return to work: The injured worker has returned to
work. The report must specify and/or document attempts to
obtain the following information:
(i) A description of the job the worker returned to;
(ii) The name of the employer;
(iii) The date that the worker returned to work;
(iv) The worker's monthly wages.
(e) Further clarification of medical issues is needed.
The vocational rehabilitation provider will identify issues
impacting the vocational rehabilitation process and requiring
clarification.
[Statutory Authority: RCW 51.04.020, 51.04.030, 51.32.095,
51.36.100, 51.36.110. 03-11-009, § 296-19A-135, filed
5/12/03, effective 2/1/04.]