Loss of suitable, gainful employment, how determined
When a worker gets hurt on the job, the employer has 120 days to figure out if that injury means the worker can no longer find a decent paying job. If so, the employer can hire a specialist to help the worker get back to work. That specialist has 90 days to meet with the worker, the employer, and the doctors, and to make a plan. The plan can last up to 26 weeks and possibly another 26 weeks after that. The costs for job testing and retraining cannot go over $5,000 without special approval. If the worker has to travel or stay somewhere else for rehab, the employer or insurance company pays for food, lodging, and travel.
287.148. Loss of , how determined — severe injury, defined — plan, duration, costs allowed. — 1. Within one hundred and twenty days of the date of the injury, the employer shall determine whether the injured worker has an injury that results in a loss of suitable, gainful employment. If the employer can determine that a loss of suitable, gainful employment has occurred, the employer may retain the services of a or a . A written of this finding shall be sent to the with copies to the employer, , employee and their representatives on forms approved by the . In the event that a determination cannot be established, within the one hundred and twenty days of the date of injury, due to the extent of the injury, the employer shall, as regulated by the division of workers' compensation, continue to the status of the injured employee at intervals to determine his loss of suitable, gainful employment. If a rehabilitation practitioner or is retained by the employer, the rehabilitation practitioner or provider shall, within ninety days:
(1) Conduct an initial consultation with the injured employee, the employer and all treating physicians; and
(2) Perform a which shall include a plan if services are to be required. A copy of the shall be sent to the employer, insurer, employee, their representatives, the treating physicians and to the division.
2. The employer may retain a rehabilitation practitioner or provider who shall perform the services stated in (1) and (2) of 1 of this section, in the event of an injury of sufficient severity as determined by the treating physician, which interferes with occupational functioning that involves:
(1) The severe mangling, crushing, amputation or nerve impairment of a ;
(2) A traumatic injury to the spinal cord that has caused or may cause paralysis or severe restriction of movement;
(3) Severe burns;
(4) A serious head injury with neurological or involvement; or
(5) Loss of sight in one or both eyes or loss of communication skills to include loss of in both ears or loss of speech, or both.
3. The shall immediately notify the employer that an injured employee may require the services of a rehabilitation practitioner or rehabilitation provider if he receives a surgeon's report and other medical reports supplied by the employer or employer's insurer that details an injury of sufficient severity as described in this section.
4. The initial period of a plan may not exceed a period of twenty-six weeks, but only the employer may extend the period of the plan for an additional twenty-six-week period. Any extension shall be consistent with the initial plan and limited to no greater goal than restoration of the employee to suitable, gainful employment. The maximum costs for implementing the , vocational rehabilitation plan, or subsequent tuition or retraining shall not exceed five thousand dollars, of the costs of medical treatment, medical and fees paid to the provider or , without the approval of the division.
5. If rehabilitation services require residence at or near the facility, institution or practitioner's office and away from the employee's customary residence, reasonable and necessary costs of , lodging and travel shall be borne by the employer or insurer. Rehabilitation services shall be performed by practitioners and providers approved by the director within this state when such facilities or practitioners are reasonably available, or elsewhere when approved by the director.
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Source & history notes
(L. 1990 S.B. 751) Effective 7-01-91
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