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Legal Resources | Labor Code |  LC  4639  

Failure to provide services.   

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(a) If the employer fails to assign a qualified rehabilitation representative as required by Section 4636, fails to notify the employee of possible entitlement to these services pursuant to Section 4637, or fails to provide timely vocational rehabilitation services, the employee may request the administrative director to authorize the provision of vocational rehabilitation services at the expense of the employer. The administrative director shall immediately advise the employer of the receipt of the request.

(b) If the employer, within 20 days of receipt of the administrative director's notification, fails either to agree to provide vocational rehabilitation services or to demonstrate that the employee is not a qualified injured worker, the administrative director shall authorize the provision of vocational rehabilitation services through a qualified rehabilitation representative of the employee's choice or, at the employee's request, through an independent vocational evaluator.

(Amended by Stats. 1993, Ch. 1241, Sec. 9.)