Section 7-229. VOCATIONAL REHABILITATION

 

229.1Under §8(e) of the Act [§36-307(a), D.C. Code, 1981 ed.], vocational rehabilitation services shall be provided by employers to injured workers who require such services.

 

229.2Employers shall file vocational rehabilitation plans with the Associate Director for the Office of Workers' Compensation.

 

229.3The Associate Director shall monitor vocational rehabilitation services to determine adequacy and, on his or her own motion, may cause an investigation to be made pursuant to §229.4.

 

229.4An injured worker may make an application to the Associate Director for either the provision of vocational rehabilitation services or a change of service provider.

 

229.5The Associate Director, may on the Associate Director's own motion or upon application conduct a rehabilitation conference.

 

229.6The application shall contain allegations and supporting information regarding the employer's failure or refusal to provide adequate and sufficient vocational rehabilitation services. Supporting information may include evidence that the plan is not reasonably designed to return the employee to wages as close as possible to the wages that the employee earned at the time of injury.

 

229.7The Associate Director shall serve on the employer, notice of the investigation pursuant to this section and a copy of any allegations and supporting information of the employer's failure or refusal to provide adequate or sufficient rehabilitation services.

 

229.8The Associate Director may conduct a rehabilitation conference for the purpose of determining the adequacy, feasibility and sufficiency of the vocational rehabilitation services.

 

229.9A rehabilitation conference may be held concurrently with the institution of vocational rehabilitation and during vocational rehabilitation. A rehabilitation conference may be held prior to cessation of vocational rehabilitation.

 

229.10A rehabilitation conference shall be held with the injured employee, the employer, the vocational rehabilitation provider and/or their respective representatives and the Office as may be deemed necessary. Failure to attend will result in an order based on the evidence at the rehabilitation conference.

 

229.11A rehabilitation conference may be scheduled upon not less than fourteen (14) days notice to the parties, unless the parties agree to an earlier date.

 

229.12Notice of the rehabilitation conference may be given by telephone, but shall be confirmed in writing setting forth the date, time and place of the conference and the matters to be discussed.

 

229.13Within twenty (20) days of receipt of the notice and allegations, the employer shall file with the Associate Director and the injured employee, a response accompanied by the exhibits and written argument as the employer considers relevant to a proper resolution of the matter.

 

229.14Within twenty (20) working days after the employer responds, the Associate Director shall determine by Final Order whether the employer shall provide vocational rehabilitation services and, if so, whether any such services already being provided are adequate and sufficient.

 

229.15The Associate Director may order the provision of these services or a change in the provider of these services. The Associate Director, by agreement of all parties, may extend the time to issue such an order.

 

229.16The Associate Director may, by written order, dismiss a frivolous or unsupported application of an employee after an investigation has been performed.

 

229.17The Order of the Associate Director, issued pursuant to this section shall become final unless a written request for a formal hearing is made to the Chief, Hearings and Adjudication Section within twenty (20) working days of the date of issuance. The order shall be served on all interested parties.

 

229.18Upon receipt of a request for a formal hearing, a hearing shall be conducted pursuant to §21(c) of the Act [§36-320(c), D.C. Code 1981 ed.].

 

229.19Upon request by the Chief, Hearings and Adjudication Section, the order and complete file of the Associate Director shall be forwarded and made a part of the record.

 

229.20The Associate Director shall, in his or her investigation of the adequacy and sufficiency of the vocational rehabilitation services provided to the injured worker, consider all questions concerning the provision of vocational rehabilitation services including, but not limited to, the following:

 

(a)The fact and degree of disability;

 

(b)The existence of a substantial handicap to employment; and

 

(c)The likelihood that vocational rehabilitation services will return the individual to employment commensurate with his or her abilities.

 

(d)The reasonable likelihood that the vocational rehabilitation services will return the individual to employment with wages as close as possible or greater than wages that the employee earned at the time of injury.

 

229.21When, in the opinion of the Associate Director, medical reports are insufficient to determine the suitability of vocational rehabilitation services, the Associate Director may order an independent medical evaluation and charge the employer for the associated costs or bill if he is a self-insured or to the insurance company which is carrying the risk or, in appropriate cases, the Special Fund pursuant to §231.4 of this chapter.

 

source

Notice of Final Rulemaking published at 41 DCR 3213 (June 3, 1994).