(a) If the employer fails to assign a qualified rehabilitation representative or to commence vocational rehabilitation service in a timely manner as required by Section 4637, or otherwise causes any delay in the provision of vocational rehabilitation services, the full maintenance allowance shall be paid in its entirety by the employer, including the amount payable under paragraph (2) of subdivision (d) of Section 139.5, for the period of the delay. The maintenance allowance and any costs attributable to the delay shall not be subject to the overall cap on vocational rehabilitation services provided for by Section 139.5.
(b) If the failure to meet the requirements of subdivision (a) is primarily the result of actions by the insurer, any increase in the costs that result shall be charged against the insurer's expenses.
(Amended by Stats. 1993, Ch. 121, Sec. 50.)