Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-18 - Rehabilitation of Injured and Disabled Workers › Section 4123-18-04 - Living maintenance allowance

Current through all regulations passed and filed through July 1, 2024
The bureau 
								will make living maintenance payments from the
				surplus fund to an injured worker approved to participate in vocational
				rehabilitation pursuant to rule
				4123-18-03 of the Administrative
				Code, in accordance with the criteria set forth in this rule. Living
				maintenance payments are compensation under Chapters 4121. and 4123. of the
				Revised Code.
(A) Living maintenance
			 payments  begin on the date that the
			 injured worker actually begins to participate in an approved vocational
			 rehabilitation assessment plan or comprehensive vocational rehabilitation plan
			 as defined in rule
			 4123-18-05 of the Administrative
			 Code. Living maintenance is not payable on the date of referral for vocational
			 rehabilitation services, nor the date the injured worker signed the
			 rehabilitation agreement. Activities performed prior to the injured worker's
			 active participation in the approved vocational rehabilitation assessment plan
			 and/or comprehensive vocational rehabilitation plan are considered pre-plan
			 activities for which living maintenance is not paid.
If salary continuation is offered by the employer of record, an
				injured worker maintains the right to choose to receive either salary
				continuation or living maintenance during vocational rehabilitation. However,
				if temporary total or living maintenance has been paid in the claim, the
				injured worker 
									will be paid living maintenance when
				participating in an approved vocational rehabilitation assessment plan or
				comprehensive vocational rehabilitation plan. Whenever salary continuation is
				paid by the employer, it must be paid at the injured worker's regular (full)
				salary level.
(B) The bureau
			 
								will
			 order suspension of living maintenance payments at such time as it becomes
			 evident that the injured worker will not be able to participate actively in
			 their vocational rehabilitation assessment plan or comprehensive vocational
			 rehabilitation plan for a period of thirty days or more due to the medical
			 instability of the injured worker. The suspension of living maintenance
			 
								does
			 not affect an injured worker's right to compensation or benefits under the
			 Revised Code for which the injured worker otherwise qualifies.
(1) The bureau 
									will assist the
			 injured worker in obtaining the payment of other workers' compensation benefits
			 to which the injured worker would normally be entitled absent involvement in a
			 vocational rehabilitation assessment plan or comprehensive vocational
			 rehabilitation plan upon the cessation of living maintenance
			 payments.
(2) Medical hold and
			 eligibility.
The injured worker, the employer, or their representatives may
				make a request to the MCO for a medical hold. The MCO
				
										will
				forward the request, along with any necessary information, to the bureau. The
				bureau 
										will determine whether, based on adequate medical
				documentation, the injured worker's vocational rehabilitation plan should be
				closed with a medical hold.
(a) A
			 medical hold will retain the injured worker's eligibility for vocational
			 rehabilitation services for up to a maximum of two years from the date of
			 vocational rehabilitation assessment plan or comprehensive vocational
			 rehabilitation plan file closure. The bureau and the MCO
			 
										will
			 thereafter monitor the injured worker's medical status with the attending
			 physician.
(b) When the bureau
			 becomes aware of the re-stabilization of the injured worker's medical
			 condition, the injured worker's vocational rehabilitation assessment plan or
			 comprehensive vocational rehabilitation plan 
										will be
			 reactivated and, absent any extenuating circumstances, appropriate
			 rehabilitation services 
										will begin as soon as
			 possible.