Employee failure to cooperate in vocational rehabilitation services.
If the employee unreasonably fails to cooperate in the provision of vocational rehabilitation services, unreasonably fails to cooperate in the development or implementation of a vocational rehabilitation plan, or unreasonably fails to cooperate in completing an approved vocational rehabilitation plan, the employee shall not be entitled to receive that portion of the maintenance allowance payable under paragraph (1) of subdivision (d) of Section 139.5 for the period of unreasonable failure. The employer shall provide the employee with written notice of the employer's intention to withhold payment, the reasons therefor, and the employee's right to object thereto within 10 days of the date the notice was received or served.
If the employee objects to the employer's stated intention to withhold payment, the administrative director shall conduct an expedited conference to determine if the employee is entitled to receive the payments. A copy of the determination shall be served on the employee and employer within 10 days of the employee's objection. The employer shall continue payment of that portion of the maintenance allowance due under paragraph (1) of subdivision (d) of Section 139.5 until receipt of the determination.
(Amended by Stats. 1994, Ch. 1118, Sec. 7.)