reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-810 - Discounted loss development factors

Current through Register Vol. 24-14, July 15, 2024
At the time of adjustment, our actuaries determine discounted
				loss development factors by claim type, fund and enrollment period. Loss
				development factors account for the fact that claims ultimately cost the state
				fund more than they have cost to date, and more than they are estimated to cost
				at any particular point in time.
Discounting accounts for the fact that benefits are not paid at
				once, but rather are paid over a period of time. Discounts vary for different
				types of claims based on when benefits are expected to be
				paid.
Statutory Authority:
				  RCW
				   51.18.010 and
				  51.04.020(1).
				  12-21-054, § 296-17B-810, filed 10/15/12, effective 12/14/12. Statutory
				  Authority:
				  RCW
				   51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-810, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-830 - Expected loss ratio factors

Current through Register Vol. 24-14, July 15, 2024
An expected loss ratio factor is a factor applied to case
				incurred loss amounts of claims and discounted loss development factors so that
				the ratio of discounted developed loss to standard premiums for the entire
				state fund used in the actuarial calculations equals the expected loss ratios.
				By doing this, loss ratios will not be expected to change simply because the
				department changed the rates for one fund significantly more than the rates for
				another fund. The expected loss ratios are:
Accident Fund
76.56%
Medical Aid Fund
88.0%
Separate factors will be calculated by fund and also by
				enrollment period at the time of each annual retrospective rating
				adjustment.
Statutory Authority:
				  RCW
				   51.18.010 and
				  51.04.020(1).
				  12-21-054, § 296-17B-830, filed 10/15/12, effective 12/14/12. Statutory
				  Authority:
				  RCW
				   51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-830, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-840 - Claim types

Current through Register Vol. 24-14, July 15, 2024
The following claim types are considered when calculating the
				discounted loss development factors:
(1) Fatality;
(2) Total permanent disability pension
			 claim;
(3) Structured settlement
			 claim with ongoing, lifetime payments;
(4) Structured settlement claim with fixed,
			 periodic payments;
(5) Structured
			 settlement claim with one-time, lump sum payments;
(6) Permanent partial disability
			 claim;
(7) Time-loss
			 claim;
(8) Miscellaneous accident
			 fund claim;
(9) Medical only
			 claim.
Statutory Authority:
				  RCW
				  51.18.010 and
				  51.04.020(1).
				  12-21-054, § 296-17B-840, filed 10/15/12, effective 12/14/12. Statutory
				  Authority:
				  RCW
				   51.16.035,
				  51.16.100,
				  51.04.020(1), and
				  51.18.010. 10-21-086, §
				  296-17B-840, filed 10/19/10, effective
				  11/19/10.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17B - Retrospective rating for workers' compensation insurance › Section 296-17B-900 - Retrospective rating plans standard premium size ranges

Current through Register Vol. 24-14, July 15, 2024
RETROSPECTIVE RATING STANDARD PREMIUM SIZE
				RANGES
Effective January 1, 2024
Size Group Number
Standard Premium Range
From:
To:
1
5,660
-
6,599
2
6,600
-
7,459
3
7,460
-
8,399
4
8,400
-
9,409
5
9,410
-
10,479
6
10,480
-
11,629
7
11,630
-
12,869
8
12,870
-
14,169
9
14,170
-
15,559
10
15,560
-
17,019
11
17,020
-
18,559
12
18,560
-
20,229
13
20,230
-
21,979
14
21,980
-
23,849
15
23,850
-
25,809
16
25,810
-
27,889
17
27,890
-
30,109
18
30,110
-
32,439
19
32,440
-
34,919
20
34,920
-
37,519
21
37,520
-
40,319
22
40,320
-
43,269
23
43,270
-
46,409
24
46,410
-
49,729
25
49,730
-
53,279
26
53,280
-
57,049
27
57,050
-
61,059
28
61,060
-
65,319
29
65,320
-
69,869
30
69,870
-
74,729
31
74,730
-
79,929
32
79,930
-
85,499
33
85,500
-
91,469
34
91,470
-
97,879
35
97,880
-
104,799
36
104,800
-
112,299
37
112,300
-
120,299
38
120,300
-
128,899
39
128,900
-
138,199
40
138,200
-
148,199
41
148,200
-
159,099
42
159,100
-
170,599
43
170,600
-
183,099
44
183,100
-
196,799
45
196,800
-
211,599
46
211,600
-
227,499
47
227,500
-
244,699
48
244,700
-
264,099
49
264,100
-
284,799
50
284,800
-
307,499
51
307,500
-
332,799
52
332,800
-
360,799
53
360,800
-
392,399
54
392,400
-
427,299
55
427,300
-
466,599
56
466,600
-
511,299
57
511,300
-
561,799
58
561,800
-
619,899
59
619,900
-
687,199
60
687,200
-
765,699
61
765,700
-
857,899
62
857,900
-
967,199
63
967,200
-
1,099,999
64
1,100,000
-
1,263,999
65
1,264,000
-
1,468,999
66
1,469,000
-
1,733,999
67
1,734,000
-
2,081,999
68
2,082,000
-
2,568,999
69
2,569,000
-
3,285,999
70
3,286,000
-
4,468,999
71
4,469,000
-
6,698,999
72
6,699,000
-
12,259,999
73
12,260,000
-
31,359,999
74
31,360,000
-
and over
Statutory Authority:
				  RCW
				   51.16.035,
				  51.32.073,
				  51.08.010, and
				  51.04.020(1).
				  12-24-048, § 296-17B-900, filed 11/30/12, effective 1/1/13; 11-24-026,
				  § 296-17B-900, filed 12/1/11, effective 1/1/12. Statutory Authority:
				  RCW
				   51.16.035,
				  51.32.073,
				  51.18.010, and
				  51.04.020(1).
				  11-04-069, § 296-17B-900, filed 1/28/11, effective
				  2/28/11.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEFINITIONS › Section 296-19A-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
What does
				it mean to say an injured worker is employable?
(a) "Employable" means having the skills and
				training that are commonly and currently necessary in the labor market to be
				capable of performing and obtaining gainful employment on a reasonably
				continuous basis when considering the worker's:
(i) Age, education, and experience;
(ii) Preexisting physical and mental
				limitations; and
(iii) Physical and
				mental limitations caused, at least in part, by the worker's industrial injury
				or occupational disease.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › GENERAL INFORMATION › Section 296-19A-020 - When may the department offer vocational rehabilitation services?

Current through Register Vol. 24-14, July 15, 2024
The department may, at its sole discretion, authorize
				  vocational rehabilitation services that are necessary and likely to enable the
				  industrially injured or ill worker to become employable.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 03-11-009, §
					 296-19A-020, filed 5/12/03, effective 2/1/04; 00-18-078, § 296-19A-020,
					 filed 9/1/00, effective 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › GENERAL INFORMATION › Section 296-19A-025 - What information does the department consider when exercising discretion?

Current through Register Vol. 24-14, July 15, 2024
In exercising its discretion the department considers, but is
				  not limited to:
(1) Whether the worker
				took advantage of and utilized vocational rehabilitation services offered in
				this or other claims;
(2) The
				worker's ability and willingness to participate in and benefit from vocational
				rehabilitation services; and
(3)
				The likelihood that the worker will be employable after the vocational
				rehabilitation services are completed.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 03-11-009, §
					 296-19A-025, filed 5/12/03, effective
					 2/1/04.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › GENERAL INFORMATION › Section 296-19A-030 - What are the responsibilities of the parties?

Current through Register Vol. 24-14, July 15, 2024
The attending health care provider, department, self-insured
				  employer, employer, worker and vocational rehabilitation provider have the
				  following responsibilities in assisting the worker to become employable at
				  gainful employment:
(1)
Attending health care provider.
The attending health care provider
				must:
(a) Maintain open communication with
				the worker's assigned vocational rehabilitation provider and the referral
				source.
(b)Respond to any request
				for information which is necessary to evaluate a worker's:
(i) Ability to work;
(ii) Need for vocational services;
				and
(iii) Ability to participate in
				a vocational retraining plan.
(c)Do all that is possible to expedite the
				vocational rehabilitation process, including making an estimate of the physical
				or mental capacities that affect the worker's employabil-ity. If unable to
				provide an estimate, refer the worker for the appropriate consultation or
				evaluation.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › GENERAL INFORMATION › Section 296-19A-040 - What vocational rehabilitation services require authorization?

Current through Register Vol. 24-14, July 15, 2024
(1) All vocational
				rehabilitation services must be preauthorized. For state fund claims, the
				department may make one or more of the following type of referrals: Vocational
				recovery; ability to work assessment ("AWA" or "assessment"); plan development;
				plan implementation; forensic services; or stand alone job analysis.
				Self-insurers may also make any of the listed referrals and/or provide any
				other services they consider appropriate to address priorities listed in RCW
				51.32.-095(2). Each referral is a separate authorization for vocational
				rehabilitation services.
(2) Option
				2 vocational services are considered authorized for state fund and self-insured
				claims once the department accepts the worker's election of Option 2. However,
				the services can only be provided upon request from the worker to the
				vocational provider.
Statutory Authority:
					 RCW
					  51.04.020,
					 51.04.030,
					 51.32.095,
					 51.32.099 and
					 51.32.0991 (2007 c 72). 08-06-058,
					 § 296-19A-040, filed 2/29/08, effective 3/31/08. Statutory Authority:
					 RCW
					  51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 03-11-009, §
					 296-19A-040, filed 5/12/03, effective 2/1/04; 00-18-078, § 296-19A-040,
					 filed 9/1/00, effective 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-045 - Which rules under "vocational rehabilitation referrals" apply only to state fund claims?

Current through Register Vol. 24-14, July 15, 2024
WAC
				  296-19A-060,
				  296-19A-080,
				  296-19A-098,
				  296-19A-118,
				  and
				  296-19A-125
				  through
				  296-19A-137
				  pertain only to referrals for vocational rehabilitation services made by the
				  department for state fund claims.
Statutory Authority:
					 RCW
					  51.04.020,
					 51.04.030,
					 51.32.095,
					 51.32.099 and
					 51.32.0991 (2007 c 72). 08-06-058,
					 § 296-19A-045, filed 2/29/08, effective 3/31/08. Statutory Authority:
					 RCW
					  51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 03-22-030, §
					 296-19A-045, filed 10/28/03, effective 2/1/04; 00-18-078, § 296-19A-045,
					 filed 9/1/00, effective 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-050 - What are vocational recovery services?

Current through Register Vol. 24-14, July 15, 2024
(1) Vocational recovery services are intended
				to ensure appropriate support is provided to an industrially injured or ill
				worker so that they return to work, continue to work, or are enabled to become
				employable at gainful employment consistent with the priorities listed in
				RCW
				 51.32.095(2)(a) through (g) 
				with the highest priority given to returning a worker to employment:
(a) Return to the previous job with the same
				employer;
(b) Modification of the
				previous job with the same employer including transitional return to
				work;
(c) A new job with the same
				employer in keeping with any limitations or restrictions;
(d) Modification of a new job with the same
				employer including transitional return to work;
(e) Modification of the previous job with a
				new employer;
(f) A new job with a
				new employer or self-employment based upon transferable skills; and
(g) Modification of a new job with a new
				employer.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-060 - What reports does the department require when vocational recovery services are provided at its request?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				vocational provider must engage the worker to develop a vocational recovery
				plan. The vocational recovery plan should include the needs and goals of the
				worker and steps or strategies to address these. The plan may change as
				appropriate for the worker's needs and goals. A copy or copies of the
				vocational recovery plan must be provided to the worker and to the department.
Every thirty days, the vocational provider must provide to
				  the department and to the worker a brief summary of steps taken since the last
				  update to address the worker's needs and goal(s). Examples include, but are not
				  limited to, progress in resolving the worker's concerns and barriers to
				  returning to work such as meetings with an employer or employers, meetings with
				  the worker's attending provider, helping the worker understand the claim and
				  vocational processes, and engaging the worker in community resources and/or
				  WorkSource.
(2) Closing
				reports. The vocational provider must submit a vocational recovery closing
				report at the conclusion of services unless advised otherwise by the
				department. In the report the provider must include or address:
(a) Whether a return to work outcome was
				achieved and, if so, whether the return to work is considered temporary,
				permanent, modified, or transitional;
(b) If a return to work outcome was not
				achieved, an outline of the vocational provider's efforts as required in WAC
				296-19A-050(4).
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-065 - What is an ability to work assessment ?

Current through Register Vol. 24-14, July 15, 2024
(1) Workers may be referred to a vocational
				provider for assessment activities at the discretion of the department or
				self-insured employer to determine if a worker is eligible to receive
				vocational rehabilitation plan development services. Assessment activities will
				generally occur after all of the following:
(a) The vocational provider has applied the
				services outlined in WAC
				296-19A-050
				What are vocational recovery services?;
(b) The services did not result in a return
				to work or a valid job offer or offers; and
(c) The vocational provider has documented
				such efforts.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-070 - What information must an assessment report include?

Current through Register Vol. 24-14, July 15, 2024
(1) The assessment
				report must include information and evaluation of the worker's:
(a) Age;
(b) Education, including information about
				education level, courses or transcripts, licenses, and certifications or
				registrations that the worker may have obtained in the past;
(c) Complete work history, addressing any
				gaps in employment;
(d)
				Transferable skills and experience, whether obtained from prior employment,
				prior courses and training, prior vocational rehabilitation services or plans,
				or nonwork related activities such as hobbies and/or volunteer
				experience;
(e) Physical and mental
				conditions proximately caused by the worker's injury or occupational disease,
				and the effect of those conditions on the worker's ability to work and/or
				benefit from vocational services;
(f) Preexisting physical and mental
				conditions and the effect of those conditions on the worker's ability to work
				and/or benefit from vocational services;
(g) Postinjury physical and mental conditions
				and the effect of those nonrelated conditions on the worker's ability to work
				and/or benefit from vocational services;
(h) Wage and employment pattern at the time
				of injury;
(i) Barriers to
				employment, including whether the barriers can be removed and/or what is needed
				to address the barriers; and
(j)
				Labor market information as defined in WAC
				296-19A-140.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-080 - How often must written progress reports be submitted during assessment activities provided for state fund claims?

Current through Register Vol. 24-14, July 15, 2024
(1) The vocational rehabilitation provider
				must submit a written progress report to the department, and upon request, to
				the employer and the worker or his or her representative, every thirty calendar
				days from the date of the electronic referral or upon request of the
				department.
(2) The written
				progress report must summarize progress during the most recent reporting period
				and include:
(a) A detailed explanation why
				the assessment report was not completed as of the date of the report;
(b) A summary of all activities taken in the
				past thirty days, including progress on previously recommended
				actions;
(c) Identification and
				analysis of any barriers preventing completion of the referral; and
(d) A description of the specific actions the
				provider intends to take to overcome barriers and the expected time frame to
				complete those actions.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-090 - What are vocational rehabilitation plan development services?

Current through Register Vol. 24-14, July 15, 2024
Vocational rehabilitation plan development services are
				  authorized to obtain the vocational rehabilitation provider's assistance in
				  producing a vocational rehabilitation plan for a worker. The vocational
				  rehabilitation provider will work with the worker in the development of the
				  plan. Covered services include, but are not limited to:
(1) An initial meeting between the assigned
				vocational rehabilitation provider and the worker.
The assigned vocational rehabilitation provider must meet
				  with the worker in person and fully inform the worker of the return to work
				  priorities set forth in
				  RCW
				   51.32.095(2) and of his or
				  her rights and responsibilities under the workers' compensation vocational
				  system. The vocational rehabilitation provider must use tools provided by the
				  department in order to document this requirement.
Exception:
For out-of-state referrals, the counselor providing
								direct services to the worker may be considered the assigned vocational
								rehabilitation provider for purposes of this meeting.
The rights and responsibilities include but are not limited
				  to:
(a) The responsibility of the
				worker and vocational rehabilitation provider to cooperate with the plan
				development process and to submit a plan within ninety calendar days;
(b) An explanation of the benefits available
				to the worker, including the right to choose to participate in retraining or
				elect option 2 benefits after a plan has been approved; and
(c) An explanation of the possible action the
				department or self-insured employer may take under
				RCW
				 51.32.110 and WAC
				296-14-410 should the worker be
				determined to be noncooperative during the plan development process.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-092 - When must plan development be completed?

Current through Register Vol. 24-14, July 15, 2024
The vocational rehabilitation provider must submit the
				  completed plan within ninety calendar days of the date the worker was notified
				  by letter that plan development services were authorized. The ninety-day
				  requirement may be extended only for good cause. The vocational rehabilitation
				  provider must continue working on plan development while the department
				  evaluates the extension request.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.32.099 and
					 51.32.0991 (2007 c 72). 08-06-058,
					 § 296-19A-092, filed 2/29/08, effective
					 3/31/08.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-094 - How can a provider request an extension of time to complete plan development?

Current through Register Vol. 24-14, July 15, 2024
(1) When the
				plan cannot be completed and submitted to the department within ninety calendar
				days (see WAC
				296-19A-092), the vocational
				rehabilitation provider seeking an extension must submit a written request to
				the department for state fund claims or the self-insured employer. The
				vocational rehabilitation provider must continue working on plan development
				while the department evaluates the extension request.
(2) The written request for an extension
				must:
(a) Explain why there is good cause for
				an extension, with supporting documentation;
(b) Specify the number of additional calendar
				days requested to complete plan development; and
(c) Identify any anticipated barriers to the
				completion of plan development.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-096 - How will the department determine whether there is good cause to grant an extension of time?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				will determine whether good cause exists on a case-by-case basis.
(2) The department will grant an extension of
				time for good cause when there is a significant delay in the plan development
				process and the cause is beyond the worker's or vocational rehabilitation
				provider's control.
Examples of causes that are beyond the worker's or provider's
				  control include, but are not limited to:
A death in the worker's immediate family. For purposes of
				  this section, immediate family is defined as spouse, domestic partner, child,
				  grandchild, sibling, parent or grandparent.
Delays caused by documented changes in the worker's medical
				  ability to participate in plan development.
Information received by the vocational rehabilitation
				  provider that impacts plan development and was not available when assessment
				  services were provided.
Documented delay in receipt of requested information from a
				  medical provider relevant to developing the vocational plan.
The impact of previously identified barriers to employment
				  and/or retraining.
(3)
				Noncooperation by a worker, pursuant to an order issued by the department under
				RCW
				 51.32.110 and WAC
				296-14-410, is not good cause for
				granting an extension of time.
(4)
				If the department finds there is not good cause for the delay in submitting a
				vocational plan, the department may take action, including but not limited to:
(a) Suspension of further vocational services
				if the worker has been found noncooperative under
				RCW
				 51.32.110 and WAC
				296-14-410, until such
				noncooperative actions cease or have been cured.
(b) Assignment of a new vocational
				provider.
(c) Allowing the
				vocational rehabilitation provider to complete the referral with monitoring of
				further plan development services by the department or self-insured
				employer.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-098 - How often must written progress reports be submitted when plan development services are provided for state fund claims?

Current through Register Vol. 24-14, July 15, 2024
(1) The vocational rehabilitation provider
				must submit a written progress report to the department every thirty calendar
				days from the date of the electronic referral or upon request of the
				department.
(2) The first progress
				report must document the assigned vocational rehabilitation provider met with
				the worker in person and fully informed the worker of the return to work
				priorities in
				RCW
				 51.32.095(2) and his or her
				rights and responsibilities.
(3)
				All progress reports must summarize progress during the most recent reporting
				period and include the following:
(a)
				Description of the return to work goals explored, accepted or ruled out,
				including any jobs offered by the employer;
(b) Review of the return to work priorities
				being addressed;
(c) Summary of all
				actions taken, including progress on previously recommended actions;
(d) Description of the worker's participation
				in vocational activities and compliance with the responsibilities in WAC
				296-19A-030(4).
(e) Identification and analysis of any
				barriers preventing completion of the referral; and
(f) Description of the specific actions the
				vocational rehabilitation provider intends to take to overcome barriers and the
				expected time frame to complete those actions.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-100 - What reports are required when vocational rehabilitation plan development services are completed?

Current through Register Vol. 24-14, July 15, 2024
When plan development services are completed, the vocational
				  rehabilitation provider must submit one of the following reports:
(1)
Vocational rehabilitation
				plan.
The vocational rehabilitation provider must address the return to
				work priorities listed in
				RCW
				 51.32.095(2) in the plan and
				explain why each preceding priority would not help the worker return to work.
				The vocational plan must also include the following information:
(a) An assessment of the worker's skills and
				abilities considering the worker's:
(i)
				Physical capacities and mental status;
(ii) Aptitudes;
(iii) Transferable skills gained through
				prior work experience, education, training, hobbies, volunteer experience or
				other nonwork related activities;
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-110 - What are vocational rehabilitation plan implementation and monitoring services?

Current through Register Vol. 24-14, July 15, 2024
Vocational rehabilitation plan implementation and monitoring
				  services are those services a vocational rehabilitation provider provides to
				  assist a worker to successfully complete a vocational rehabilitation plan.
				  These services may include, but are not limited to, the following:
(1)Contacting the worker and, if necessary,
				the trainer or appropriate representative of the training program or school, at
				least every fourteen calendar days to:
(a)Confirm the worker has received all
				necessary equipment and supplies;
(b) Make sure the worker successfully enters
				and progresses in the vocational rehabilitation plan;
(c)Identify potential problems;
(d)Monitor the worker's progress;
				and
(e) Resolve any problems that
				might arise, or submit documentation regarding why it cannot be
				resolved;
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-118 - How often must written progress reports be submitted when plan implementation and monitoring services are provided for state fund claims?

Current through Register Vol. 24-14, July 15, 2024
(1) The vocational
				rehabilitation provider must submit a written progress report to the department
				every thirty calendar days from the date of the electronic referral or upon
				request of the department.
(2) All
				progress reports must summarize progress during the most recent reporting
				period and must include the following:
(a) A
				review of the worker's compliance with the accountability agreement and
				vocational rehabilitation plan, including any issues involving attendance,
				grades and progression;
(b) A list
				of the dates the vocational rehabilitation provider contacted the worker and
				training site;
(c) A description of
				the work-related skills the worker has acquired so far and a comparison with
				the vocational rehabilitation plan;
(d) A summary of all actions taken in the
				past thirty days, including progress on previously recommended
				actions;
(e) Identification and
				analysis of any barriers preventing completion of the plan and actions taken by
				the vocational rehabilitation provider to address those barriers; and
(f) A statement of whether the worker is
				progressing as expected and will complete the plan by the target end
				date.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-120 - What reports are required when vocational rehabilitation plan implementation and monitoring services are completed?

Current through Register Vol. 24-14, July 15, 2024
When plan implementation and monitoring services are
				  completed, the vocational rehabilitation provider must submit a closing report
				  with one of the following recommendations:
(1)
Plan successfully completed.
If the worker successfully completes the vocational rehabilitation plan, the
				closing report, at a minimum, must contain the following information:
(a) An assessment of the worker's
				employability status at the time of closure;
(b) A list of courses the worker completed
				and an assessment of the work-related skills acquired by the worker during the
				training plan;
(c) Whether the
				worker has returned to gainful employment. If so, list the job title, employer,
				return to work date, and monthly salary;
(d) A description of the barriers, if any, to
				the worker's ability to return to gainful employment; and
(e) A description of the job search
				assistance provided.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-125 - What is the purpose of forensic services?

Current through Register Vol. 24-14, July 15, 2024
The department may make a referral for forensic services to
				  obtain an independent and objective evaluation of the vocational rehabilitation
				  components of a complex claim. The department will only authorize a forensic
				  evaluation when previous vocational referrals have not resolved an injured
				  worker's vocational issues, except when necessary to make a determination
				  regarding whether a deceased worker was totally and permanently disabled at the
				  time of death. The forensic evaluation shall define what additional services,
				  if any, are necessary and likely to enable an industrially injured or ill
				  worker to become employable at gainful employment. A forensic evaluation shall
				  also include collecting information relevant to making a vocational
				  recommendation, according to the provisions in WAC
				  296-19A-130.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 03-11-009, §
					 296-19A-125, filed 5/12/03, effective
					 2/1/04.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-130 - What are the requirements for a forensic evaluation?

Current through Register Vol. 24-14, July 15, 2024
(1) A forensic evaluation constitutes an
				analysis of prior vocational services and the medical conditions of an injured
				worker, including pre and post injury, to determine whether any further
				vocational services are necessary and likely to enable the injured worker to
				become employable at gainful employment. Services that may be conducted in
				order to make a recommendation to the department may include, but are not
				limited to:
(a) Reviewing medical and
				vocational records;
(b) Obtaining,
				clarifying, and/or evaluating an industrially injured or ill worker's:
(i) Work and/or education history;
(ii) Skills, knowledge and
				aptitudes;
(iii) Physical
				capacities information related to the injury or other medical
				conditions;
(c)
				Identifying barriers to employment and possibilities for resolving the
				barriers;
(d) Identifying potential
				training needs and resources;
(e)
				Performing recommended services as needed to make a recommendation. These
				services may include conducting and writing job analyses, conducting labor
				market surveys, performing transferable skills analysis and performing
				occupational research.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-135 - What reports does the department require when forensic services are provided?

Current through Register Vol. 24-14, July 15, 2024
A forensic evaluation requires thirty-day progress report(s)
				  and a final report.
(1) Progress
				reports. Each progress report must include:
(a) A detailed explanation why the forensic
				referral was not completed as of the date of the report;
(b) A summary of all activities taken in the
				past thirty days, including progress on previously recommended
				actions;
(c) Identification and
				analysis of any barriers preventing completion of the referral; and
(d) A description of the specific actions the
				provider intends to take to overcome barriers and the expected time frame to
				complete those actions.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › DEPARTMENT VOCATIONAL REHABILITATION REFERRALS › Section 296-19A-137 - When can the department request a stand alone job analysis?

Current through Register Vol. 24-14, July 15, 2024
The department can request a stand alone job analysis to
				  analyze the requirements and characteristics of a job(s), an injured worker's
				  ability to perform job functions and duties, and whether the injured worker
				  requires further vocational rehabilitation services in order to become
				  employable at gainful employment. Stand alone job analysis services are
				  distinct services from any other referral type and may not be performed in
				  conjunction with another referral for vocational rehabilitation services. A
				  referral for a stand alone job analysis may be made at any time while the claim
				  is open or in provisional status. The provider shall conduct an on-site job
				  analysis whenever possible. Stand alone job analysis services must be completed
				  and submitted to the department within fifteen calendar days of the referral
				  assignment. The provider shall prepare a report addressing all elements set
				  forth in WAC
				  296-19A-170.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 03-11-009, §
					 296-19A-137, filed 5/12/03, effective
					 7/1/03.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › VOCATIONAL REHABILITATION TOOLS › Section 296-19A-140 - What information must a provider include in a labor market survey?

Current through Register Vol. 24-14, July 15, 2024
(1) The following
				information must be included in a labor market survey that is submitted to the
				department as documentation in support of a vocational recommendation. This
				information must be presented in the form of a summary report and accompanied
				by the results of the individual employer contacts:
(a) The specific job title surveyed and its
				DOT code. If the DOT code is not an accurate reflection/description of the job,
				then list the specific job surveyed, the occupational code and the source from
				which the occupational code was obtained;
(b) The name of the surveyor;
(c) A summary of all contacts and the dates
				of contact;
(d) A summary of
				whether or not the industrially injured or ill worker has the physical and
				mental/cognitive capacities to perform the job, based upon information from the
				attending physician or from a preponderance of medical information;
(e) A summary of whether the labor market
				matches the industrially injured or ill worker's work pattern;
(f) A summary of whether the labor market is
				considered positive or negative, as follows:
(i) If the labor market survey is conducted
				during an ability to work assessment, a labor market is considered positive if
				it shows that there are sufficient job opportunities in the worker's relevant
				labor market to enable the injured worker to become employable.
(ii) If the labor market is conducted during
				a plan development, a labor market is considered positive if it shows that jobs
				suitable for the injured worker for the proposed job goal exist in sufficient
				numbers to reasonably conclude that the worker will be employable at plan
				completion.
(g)
				Additional information may be presented in the summary, but only as a
				supplement to the labor market survey. Additional information may include, but
				is not limited to, published statistical data regarding occupations and
				projected job openings.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › VOCATIONAL REHABILITATION TOOLS › Section 296-19A-170 - What information must a provider include in a job analysis?

Current through Register Vol. 24-14, July 15, 2024
When completing a job analysis, the vocational rehabilitation
				  provider must:
(1) Include identifying
				information on each page. This information includes the worker's name and claim
				number, and the specific job title surveyed and its DOT code. If the DOT code
				is not an accurate reflection/description of the job, then list the specific
				job surveyed, the occupational code and the source from which the occupational
				code was obtained;
(2) Note the
				name of the vocational rehabilitation provider who completed the job analysis,
				where the provider completed the job analysis and the date of the job analysis.
				If the analysis is based on site specific information, include the employer
				name and employer contact person(s) name(s) with phone number(s);
(3) Describe the essential functions and all
				other tasks required to perform the job. Essential job functions are the basic,
				necessary, and integral parts of a job performed by a worker;
(4) List the tools and equipment required to
				do the job;
(5) Evaluate and
				describe the skills required to perform the job;
(6) Evaluate and describe the physical
				demands and their frequency required to perform the job, utilizing the physical
				demands listing consistent with the DOT. If the DOT does not represent an
				accurate reflection/description of the job, then list the specific job
				surveyed, the physical demands and the source from which the physical demands
				listing was obtained. The vocational rehabilitation provider should pay special
				attention to any job duties and physical demands that may be affected by the
				industrially injured or ill worker's condition;
(7) Describe, if pertinent, any environmental
				hazards encountered on the job;
(8)
				Describe possible modifications to the job for employer job offers or job
				modifications;
(9) A section for
				medical approval, signature, and comments; and
(10) The signature of the vocational
				rehabilitation provider presenting the job analysis for review and date
				signed.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 03-11-009, §
					 296-19A-170, filed 5/12/03, effective 2/1/04; 00-18-078, § 296-19A-170,
					 filed 9/1/00, effective 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › JOB MODIFICATION ASSISTANCE › Section 296-19A-180 - When may the department authorize job modifications?

Current through Register Vol. 24-14, July 15, 2024
As provided for in section 13, chapter 63, Laws of 1982
				  (RCW
				   51.32.250), the supervisor or supervisor's
				  designee, in his or her discretion, may authorize job modifications when the
				  following criteria are met:
(1) The
				claim is open or in statutory pension status; and
(2) Due to the restrictions related to the
				accepted industrial condition to the worker:
(a) Is in a light-duty job (graduated or
				transitional) and the modification is necessary to return the worker to the job
				of injury or a new job; or
(b) Is
				off work and the modification is necessary to return the worker to the job of
				injury or a new job; and
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › JOB MODIFICATION ASSISTANCE › Section 296-19A-190 - How much is available for job modification assistance?

Current through Register Vol. 24-14, July 15, 2024
An amount not to exceed five thousand dollars from the
				  department is available per worker per job or job site. If combined with prejob
				  accommodations for the same return to work goal, the maximum combined benefit
				  available for job modification and prejob accommodation is five thousand
				  dollars. The employer may add to this amount with its own
				  contribution.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 03-11-009, §
					 296-19A-190, filed 5/12/03, effective 2/1/04; 00-18-078, § 296-19A-190,
					 filed 9/1/00, effective 6/1/01.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › JOB MODIFICATION ASSISTANCE › Section 296-19A-191 - When may the department authorize prejob accommodations?

Current through Register Vol. 24-14, July 15, 2024
As provided for in
				  RCW
				   51.32.095(4), the supervisor
				  or the supervisor's designee, in his or her discretion, may authorize prejob
				  accommodations when the following criteria are met:
(1) The claim is open or in statutory pension
				status; and
(2) The injured
				worker's attending doctor certifies that the prejob accommodations are
				medically necessary due to the effects of the accepted industrial condition;
				and
(3) The prejob accommodation is
				medically necessary to enable the industrially injured or ill worker to:
(a) Participate in an approved retraining
				program; or
(b) Perform the
				essential functions of a job or a return to work goal in which the worker is
				seeking employment consistent with a completed retraining plan or the
				recommendations of an ability to work assessment; and
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › JOB MODIFICATION ASSISTANCE › Section 296-19A-192 - How much is available for prejob accommodations?

Current through Register Vol. 24-14, July 15, 2024
An amount not to exceed five thousand dollars from the
				  department is available per worker per claim. If combined with job
				  modifications for the same return to work goal, the maximum combined benefit
				  available for job modification and prejob accommodation is five thousand
				  dollars.
Statutory Authority:
					 RCW
					 51.04.020,
					 51.04.030,
					 51.32.095,
					 51.36.100,
					 51.36.110. 03-11-009, §
					 296-19A-192, filed 5/12/03, effective
					 2/1/04.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › JOB MODIFICATION ASSISTANCE › Section 296-19A-193 - What documentation must be submitted to the department for prejob accommodations?

Current through Register Vol. 24-14, July 15, 2024
(1) A
				vocational provider assisting the injured worker in applying for prejob
				accommodation assistance must submit to the department a prejob accommodation
				assistance application. Prejob accommodations assistance applications shall be
				submitted on a form prescribed by the department.
(2) The prejob accommodation assistance
				application shall include, but is not limited to:
(a) A document supporting the need for prejob
				accommodation;
(b) A description of
				the prejob accommodation;
(c) An
				itemized account of each expense to be incurred in the prejob
				accommodation;
(d) An ownership
				agreement;
(e) Physician's
				certification of medical necessity.
Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-19A - Vocational rehabilitation › JOB MODIFICATION ASSISTANCE › Section 296-19A-200 - How does an employer apply for job modification assistance?

Current through Register Vol. 24-14, July 15, 2024
(1) An employer
				requesting job modification assistance must submit to the department a job
				modification assistance application. A vocational provider may assist the
				employer with the application.
(2)
				The job modification assistance application shall include, but not be limited
				to:
(a) A document supporting the need for
				job modification;
(b) A description
				of the job modification;
(c) An
				itemized account of each expense to be incurred in the job modification. Job
				modification assistance applications shall be submitted on a form prescribed by
				the department; and
(d) An
				ownership agreement.