WAC 296-19A-191
When may the department authorize prejob
accommodations? As provided for in RCW 51.32.095(4), the
supervisor or the supervisor's designee, in his or her
discretion, may authorize prejob accommodations when the
following criteria are met:
(1) The claim is open or in statutory pension status; and
(2) The injured worker's attending doctor certifies that
the prejob accommodations are medically necessary due to the
effects of the accepted industrial condition; and
(3) The prejob accommodation is medically necessary to
enable the industrially injured or ill worker to:
(a) Participate in an approved retraining program; or
(b) Perform the essential functions of a job or a return
to work goal in which the worker is seeking employment
consistent with a completed retraining plan or the
recommendations of an ability to work assessment; and
(4) No employer-employee relationship exists.
[Statutory Authority: RCW 51.04.020, 51.04.030, 51.32.095,
51.36.100, 51.36.110. 03-11-009, § 296-19A-191, filed
5/12/03, effective 2/1/04.]