Section 7-140. VOCATIONAL REHABILITATION

 

140.1A claimant with a permanent or temporary injury who has been determined to be able to work in a modified duty capacity and who has not been able to otherwise find employment, shall undergo vocational rehabilitation. The Program shall assign the claimant to a vocational rehabilitation case worker, who shall provide the claimant with skills training, job search, and application services.

 

140.2Claimants directed to undergo vocational rehabilitation, while undergoing such rehabilitation, shall continue to receive indemnity compensation, less the amount of any earnings received from remunerative employment other than employment undertaken pursuant to such rehabilitation.

 

140.3If a claimant has reached maximum medical improvement or has been released to work with permanent restrictions, the vocational rehabilitation services shall be for a period not to exceed ninety (90) days.

 

140.4After the ninety (90) day period has expired, the vocational rehabilitation services may be extended, at the discretion of the Program, for good cause shown, for incremental periods of ninety (90) days, not to exceed one (1) year from the initiation of the initial vocational rehabilitation plan.  The term “good cause,” as used in this section, means that there is evidence that a claimant’s medical condition is improving, that the Program or case worker has identified viable job opportunities for the claimant, or that there is evidence that continuation of participation in vocational rehabilitation is likely to result in the employment of the claimant.

 

140.5If a claimant hired on or after January 1, 1980, without good cause fails to apply for or undergo vocational rehabilitation when so directed by the Program, his or her right to compensation under this chapter shall be suspended until the non-compliance ceases.  Failure to apply for or undergo vocational rehabilitation shall include failure to attend meetings with the vocational rehabilitation case worker, failure to apply for jobs that have been identified for the claimant, or failure to otherwise participate in good faith in the job application process. 

 

140.6The Program shall pay for all vocational rehabilitation services provided under this section.

 

authority

Chief Risk Officer of the Office of Risk Management (ORM), Executive Office of the Mayor, pursuant to the authority set forth in section 2344 of the District of Columbia Government Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-623.44 (2012 Supp.)); section 7 of Reorganization Plan No. 1 of 2003 for the Office of Risk Management, effective December 15, 2003; and Mayor’s Order 2004-198, effective December 14, 2004

source

Final Rulemaking published at 59 DCR 8766, 8809 (July 27, 2012).