Vocational rehabilitation
53.(1) This section applies in respect of a worker who is receiving or has received benefits under section 37 and in respect of the employer. 1994, c. 24, s. 10 (1). Early assessment (2) Within forty-five days after notice of an accident under section 22 is filed, the Board shall contact a worker who has not returned to work, for the purpose of identifying the worker’s need for vocational rehabilitation services. R.S.O. 1990, c. W.11, s. 53 (2). Same (2.1) Promptly after contacting the worker, the Board shall contact the employer for the purpose of identifying the employer’s need for vocational rehabilitation services. 1994, c. 24, s. 10 (2). Vocational rehabilitation services (3) The Board shall provide the worker and the employer with vocational rehabilitation services if the Board considers it appropriate to do so. 1994, c. 24, s. 10 (3). Idem (4) Vocational rehabilitation services provided under subsection (3) may include consultation, the provision of information and the planning and design of a vocational rehabilitation program. Second contact re: assessment (5) The Board shall offer a vocational rehabilitation assessment to every worker, (a) who has not returned to the worker’s pre-injury employment or to alternative employment of a nature and at earnings comparable to the pre-injury employment within six months after notice of the accident under section 22 is filed; (b) who is not receiving vocational rehabilitation services; and (c) who is not receiving or has not received a vocational rehabilitation program. Idem (6) If a worker is medically unable to undergo an assessment when contacted by the Board under subsection (5), the Board shall make the offer of assessment within a reasonable time after the worker becomes medically able to undergo assessment. Assessment (7) The Board shall provide a vocational rehabilitation assessment to a worker who accepts an offer and the assessment may include an evaluation of the worker’s functional abilities, vocational skills, aptitude, educational attainment, literacy and language skills. Results of assessment (8) The Board shall give written notice to the worker and the employer forthwith of the results of a vocational rehabilitation assessment conducted under subsection (7) and shall send the worker a copy of the assessment. R.S.O. 1990, c. W.11, s. 53 (4-8). Determination re: vocational rehabilitation program (9) The Board, after consultation with the worker and the employer and having regard to the results of an assessment under subsection (7), shall determine within thirty days after the Board receives the assessment results whether the worker needs a vocational rehabilitation program and shall give written notice to the worker and the employer of its determination. R.S.O. 1990, c. W.11, s. 53 (9); 1994, c. 24, s. 10 (4). Vocational rehabilitation (10) If the Board determines, as a result of an assessment or otherwise, that a worker requires a vocational rehabilitation program, the Board in consultation with the worker, the employer and, if possible, any health professional treating the worker shall design and provide one. Definition of health professional (10.1) In subsection (10), “health professional” means a member of the College of a health profession as defined in the Regulated Health Professions Act, 1991. 1994, c. 24, s. 10 (5). Particulars of program (11) A vocational rehabilitation program may include vocational training, language training, general skills upgrading, refresher courses, employment counselling (including training in job search skills and in the identification of employment opportunities) and assistance in adapting the workplace of an employer to accommodate the worker. R.S.O. 1990, c. W.11, s. 53 (11); 1994, c. 24, s. 10 (6). Same (12) A vocational rehabilitation program may include assistance in seeking employment for a period of up to six months after the worker is available for employment. Extension of time limit (13) At the request of the worker or the employer or on its own initiative, the Board may extend the period during which a worker is to be assisted in seeking employment for a further period of up to six months. 1994, c. 24, s. 10 (7). Obligation to Re-Employ