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Legal Resources | Labor Code |  LC  4645  

Disputes and appeals.   

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(a)(1) For unrepresented employees, all disputed matters regarding the provision of vocational rehabilitation services shall be submitted initially to the administrative director's vocational rehabilitation unit for its recommendation except as otherwise provided in this section.

(2) For represented employees, all disputed matters shall be submitted to arbitration pursuant to Part 3.5 (commencing with Section 5270), except as otherwise provided in this section and Section 4643.

(b) Where the question of entitlement to vocational rehabilitation services is first raised before a workers' compensation judge and there are good faith issues which, if resolved against the employee, would defeat his or her right to all compensation, the judge shall determine the issues and, if appropriate, refer the question of entitlement to vocational rehabilitation services to the administrative director's vocational rehabilitation unit or arbitration for recommendation.

(c) Where the question of entitlement to vocational rehabilitation services is first raised before a workers' compensation judge and there are no issues which would bar the employee's right to compensation, the judge shall refer the question of entitlement to the vocational rehabilitation services to the administrative director's vocational rehabilitation unit or arbitration for recommendations before entering a finding, decision, or award on the issue of vocational rehabilitation.

(d) Any determination or recommendation of the administrative director's vocational rehabilitation unit or by the arbitrator shall be binding unless a petition is filed with the appeals board within 20 days after service of the determination or recommendation. Nothing in this section shall affect an employee's rights pursuant to Sections 5405.5, 5410, and 5803.

(Amended by Stats. 1994, Ch. 1097, Sec. 16.)