Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 4 - MISCELLANEOUS › Section R. 408.45a - Vocational rehabilitation

Current through Vol. 24-12, July 15, 2024
Rule 15a.
(1) The
				  agency shall issue vocational rehabilitation provider approval for a period of
				  3 years. To maintain approved status at the expiration of the provider approval
				  period, a provider shall re-apply by submitting a new form WC-502, or its
				  electronic equivalent, within 90 days before the expiration date of the
				  approval.
(2) Agency-approved
				  vocational rehabilitation providers shall deliver services in a manner that is
				  consistent with agency standards and guidelines, and that are within their
				  professional scope of practice, certification, and licensure. Failure to
				  maintain these standards is grounds for denial or revocation of
				  approval.
(3) Under section 319 of
				  the act, MCL 418.319, the director may, on his or her own motion, or upon
				  receipt of an application from the employee or employer, refer the employee to
				  an agency-approved vocational rehabilitation provider for an evaluation of the
				  need for a vocational rehabilitation program and the kind of vocational
				  rehabilitation program necessary to return the employee to a remunerative
				  occupation commensurate with their prior wage earning capacity, which is the
				  primary objective of vocational rehabilitation services. Vocational
				  rehabilitation may include, but is not limited to, evaluation and assessment,
				  counseling, development of the IWRP, job search, job development and placement,
				  education, and retraining. Any expenses incurred under this rule are the
				  responsibility of the carrier, PEGSISF, first responder presumed coverage fund,
				  or self-insurers' security fund. If a party objects to the referral for a
				  vocational evaluation within 28 days of mailing of the scheduling notice of the
				  referral, the director or his or her deputy shall conduct a hearing on the
				  matter.
(4) The director may extend
				  the time of the vocational evaluation when there is medical documentation
				  contraindicating the timing of the evaluation, an impending offer of reasonable
				  employment, or other good cause shown by any party on an agency-approved form.
				  A vocational evaluation or other components of the vocational rehabilitation
				  process may be delayed or suspended upon the written stipulation of the
				  employee and employer or carrier for any reason. The employer or carrier may
				  delay or suspend if the case is in dispute and there has been no finding by a
				  magistrate or the commission that the employee has a work-related disability
				  under section 301(4)(a) or section 401(1) of the act, MCL 418.301 and
				  418.401.
(5) Upon completion of the
				  vocational evaluation, the vocational counselor shall submit an initial
				  evaluation report to the parties within 14 calendar days. If the evaluation
				  recommends initiation of vocational rehabilitation services, including job
				  search activities, training, or both, the following actions must take place:
(a) An IWRP must be provided to all parties
				  for review within 28 days of completion of the vocational evaluation. All plans
				  must comply with the agency's return-to-work hierarchy.
(b) In the absence of a dispute, the IWRP
				  must be implemented by the vocational counselor within 28 days after submission
				  to the parties for review.
(c) The
				  IWRP must be reviewed and updated by the vocational counselor in concert with
				  the injured worker every 91 days to determine completion status of short- and
				  longterm objectives.