Code of Massachusetts Regulations
452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS
Title 452 CMR 4.00 - Vocational Rehabilitation
Section 4.07 - Design of Individual Written Rehabilitation Program

Universal Citation: 452 MA Code of Regs 452.4

Current through Register 1531, September 27, 2024

(1) In the event that OEVR determines that vocational rehabilitation services are necessary and feasible for an injured employee, and a certified provider has been assigned, OEVR shall proceed as follows:

(a) The qualified provider must provide progress reports every 30 days beginning 30 days after the first meeting with the injured worker.

(b) An individual written rehabilitation plan shall be developed for injured employees found suitable for services within 90 days of the qualified provider's receipt of the referral from the insurer or OEVR. If circumstances do not allow for such a plan to be developed within such time then OEVR shall be notified of the delay, in writing by the provider, as soon as possible but no later than 30 days after the original due date of the IWRP. That written notice from the qualified provider shall note the reasons for the delay and a proposed timeline for submission of the written plan.

(2) Vocational rehabilitation services set out in an individual written rehabilitation program may include, but need not be limited to:

(a) vocational assessment;

(b) work evaluation;

(c) job analysis;

(d) job modification;

(e) vocational counseling;

(f) job placement and follow-up;

(g) on the job training; or

(h) retraining.

(3) All IWRPs shall be signed by all parties and submitted to OEVR on forms approved by OEVR.

OEVR shall require that the individual written rehabilitation program (IWRP) be sent to OEVR and to any person participating in the implementation of the program. OEVR shall either approve or disapprove the program within ten calendar days from the date of receipt of the program.

Any comments on the program shall be submitted by participants to OEVR within seven calendar days of date of OEVR's receipt of the program. In the event that the insurer, OEVR, or the injured employee disproves of the rehabilitation services planned for him or her, no such IWRP shall be approved by OEVR until a representative of the insurer authorized to approve expenditures for rehabilitation, the rehabilitation provider, and the injured employee have met with OEVR and agreed on the employment goal, the scope of services, and the cost of the program.

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