(a)
Vocational evaluation. Each employee may be evaluated to determine
the need and/or type of rehabilitation services which may be provided. This
evaluation may include a summary of physical, psychological, intellectual
capabilities and limitations, a work accommodation analysis, work history,
education, inventories of transferable skills and vocational interests, and all
other data pertinent to the individual's vocational capabilities.
(b)
Employment capabilities
determination. Following vocational evaluation, the Chairman or his
designee shall determine whether:
(1) The
employee has the capacity to return to his or her customary or most recent
work. In this case all services will be terminated.
(2) The employee has the capacity to return
to his or her customary or most recent work provided job modifications are
effected. In this case the Commission will assist the employee in obtaining
suitably modified employment.
(3)
The employee possesses adequate vocational skills to obtain other employment.
In this case the Commission will assist the employee in obtaining suitable
employment.
(4) The employee's
current medically documented residual capacities and vocational status is so
unstable or unclear that no meaningful rehabilitation effort is practicable. In
this case the Chairman or his designee will defer further determination until a
change in circumstances warrants reconsideration.
(5) The employee's medically documented
residual capacities present a reasonable expectation of successful completion
of a program of vocational rehabilitation including but not limited to
reemployment by the same employer in a different capacity, on-the-job training,
or vocational education for a new occupation. In this case the Chairman or his
designee will provide an appropriate program.
(6) The employee lacks sufficient
transferable skills to function adequately within the labor market to which the
employee is most likely to be exposed. In this case the Chairman or his
designee will provide an appropriate program.
(7) Accommodation of the employee's
vocational goals would not require modification of the policies, practices and
procedures of the rehabilitation program such that it would cause a fundamental
alteration of the nature of the services offered thereunder.
(c)
Determination of
employment objective. The Chairman or his designee shall determine which
of the following employment objectives is the most feasible in each case:
(1) Reemployment by the same employer with
appropriate job modification.
(2)
Reemployment by the same employer after the employee has received vocational
rehabilitation services.
(3)
Reemployment in the competitive labor market with other than the original
employer in a job after the employee has received vocational rehabilitation
services.
(d)
Establishment and structure of vocational rehabilitation plan. The
Chairman or his designee will prepare an individual rehabilitation plan and
trainee program manual for each disabled employee whose determined employment
objective will require the disbursement of funds. Such plan shall be approved
by the Chairman or his designee and contain the following data:
(1) Employment objective;
(2) Proposed beginning and ending
dates;
(5) Special conditions upon
which the program is based;
(6) All
other data including the cost effective factors as may be required by the
Chairman or his designee;
(7) Total
estimated program cost;
(8) Program
approval as evidenced by the signatures of the injured employee, counseling
coordinator, and the Chairman or his designee. No commitment of funds shall be
effected or disbursement made in the absence of these approvals.
(e)
Job placement.
The Chairman or his designee will provide appropriate services for each
eligible employee for whom reemployment is proposed. These may include, but are
not limited to, the following:
(1) Formal
training in job seeking skills;
(2)
Job market research and assessment;
(3) Job accommodation analysis;
(4) Job placement assistance as appropriate
or through other agencies both public and private;
(5) Post-placement follow-up to assess the
employee's successful reentry into the labor market.
(f)
Vocational counseling. The
Chairman or his designee shall provide appropriate individual counseling and
rehabilitation services to each eligible employee in a timely manner.
