AN
ACT Relating to providing flexibility for vocational rehabilitation benefits
within the long-term disability pilot projects; amending RCW 51.32.095; and
adding a new section to chapter 51.60 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
51.32.095 and 1988 c 161 s 9 are each amended to read as follows:
(1)
One of the primary purposes of this title is to enable the injured worker to
become employable at gainful employment. To this end, the department or
self-insurers shall utilize the services of individuals and organizations,
public or private, whose experience, training, and interests in vocational
rehabilitation and retraining qualify them to lend expert assistance to the
supervisor of industrial insurance in such programs of vocational
rehabilitation as may be reasonable to make the worker employable consistent
with his or her physical and mental status. Where, after evaluation and
recommendation by such individuals or organizations and prior to final
evaluation of the worker's permanent disability and in the sole opinion of the
supervisor or supervisor's designee, whether or not medical treatment has been
concluded, vocational rehabilitation is both necessary and likely to enable the
injured worker to become employable at gainful employment, the supervisor or
supervisor's designee may, in his or her sole discretion, pay or, if the
employer is a self-insurer, direct the self-insurer to pay the cost as provided
in subsection (3) of this section.
(2)
When in the sole discretion of the supervisor or the supervisor's designee
vocational rehabilitation is both necessary and likely to make the worker
employable at gainful employment, then the following order of priorities shall
be used:
(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;
(g)
Modification of a new job with a new employer;
(h)
A new job with a new employer or self-employment involving on-the-job training;
(i)
Short-term retraining and job placement.
(3)
Costs for vocational rehabilitation benefits allowed by the supervisor or
supervisor's designee under subsection (1) of this section may include the cost
of books, tuition, fees, supplies, equipment, transportation, child or
dependent care, and other necessary expenses for any such worker in an amount
not to exceed three thousand dollars in any fifty-two week period except as
authorized by section 2 of this act, and the cost of continuing the
temporary total disability compensation under RCW 51.32.090 while the worker is
actively and successfully undergoing a formal program of vocational
rehabilitation. Such expenses may include training fees for on-the-job
training and the cost of furnishing tools and other equipment necessary for
self-employment or reemployment: PROVIDED, That such compensation or payment
of retraining with job placement expenses may not be authorized for a period of
more than fifty-two weeks: PROVIDED FURTHER, That such period may, in the sole
discretion of the supervisor after his or her review, be extended for an
additional fifty-two weeks or portion thereof by written order of the
supervisor.
In
cases where the worker is required to reside away from his or her customary
residence, the reasonable cost of board and lodging shall also be paid. Said
costs shall be chargeable to the employer's cost experience or shall be paid by
the self-insurer as the case may be.
(4)
The department shall establish criteria to monitor the quality and
effectiveness of rehabilitation services provided by the individuals and
organizations used under subsection (1) of this section. The state fund shall
make referrals for vocational rehabilitation services based on these
performance criteria.
(5)
The department shall engage in, where feasible and cost-effective, a
cooperative program with the state employment security department to provide
job placement services under this section.
(6)
The benefits in this section shall be provided for the injured workers of
self-insured employers. Self-insurers shall report both benefits provided and
benefits denied under this section in the manner prescribed by the department
by rule adopted under chapter 34.05 RCW. The director may, in his or her sole
discretion and upon his or her own initiative or at any time that a dispute
arises under this section, promptly make such inquiries as circumstances
require and take such other action as he or she considers will properly
determine the matter and protect the rights of the parties.
(7)
The benefits provided for in this section are available to any otherwise
eligible worker regardless of the date of industrial injury. However, claims
shall not be reopened solely for vocational rehabilitation purposes.
NEW
SECTION. Sec. 2. A
new section is added to chapter 51.60 RCW to read as follows:
The limitation on the expenditure of three thousand dollars in any
fifty-two week period established in RCW 51.32.095 shall not apply to the
provision of vocational rehabilitation to workers in either long-term
disability pilot project and the supervisor may at any time, in the
supervisor's sole discretion, authorize the expenditure of a sum not to exceed
six thousand dollars, exclusive of child care and travel, for the costs of vocational
rehabilitation, including on-the-job training.
