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Legal Resources | Labor Code |  LC  4638  

Vocational rehabilitation plan.   

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(a) If the employee is determined to be a qualified injured worker, and the employer notifies the injured worker, pursuant to paragraph (1) of subdivision (d) of Section 4636 that the employer will be unable to provide modified or alternative work to that injured worker, the qualified rehabilitation representative and the employee, jointly, shall develop an agreed-upon vocational rehabilitation plan pursuant to subdivision (e) of Section 4635.

Vocational rehabilitation plans which utilize an employee's transferable skills and experience shall be preferable to plans that propose training for an occupation in which the employee has no skills or experience.

An insured employer in whose employment the injury occurred shall receive a refund, payable in the same manner as a return of a standard insurance premium, from the insurer that provided the security for the payment of compensation on the date of injury when the employer, pursuant to Section 4644 returns the qualified injured worker to modified or alternative work at the employer's place of employment for 12 consecutive months. The refund shall be equal to the standard premium computed on the wages paid by the employer to the qualified injured worker during the 12-month period and shall be calculated as follows: multiply the workers' compensation insurance premium rate times the wages reported for workers' compensation insurance for the qualified injured worker during that 12-month period. For this calculation, the workers' compensation insurance rate shall be the insurance premium rate or rates per one hundred dollars ($100) of payroll which were applicable to the payroll reported for the qualified injured worker during that 12-month period, modified by the experience modification factor or factors, if any, which were applicable to the employer during that 12-month period. During and after the 12-month period, the qualified injured worker shall be protected against discrimination pursuant to Section 132a.

(b) Within 90 days after determination of the employee's vocational feasibility, the employer shall do either of the following

(1) Submit a vocational rehabilitation plan agreed to by the employee to the administrative director's vocational rehabilitation unit for review and approval when required pursuant to Section 139.5.

(2) Request the administrative director's vocational rehabilitation unit to resolve any dispute concerning the provision of vocational rehabilitation services.

(Amended by Stats. 1994, Ch. 1097, Sec. 14.)