CERTIFICATION OF ENROLLMENT

 

                        SENATE BILL 6224

 

 

                    Chapter 59, Laws of 1996

 

 

                        54th Legislature

                      1996 Regular Session

 

 

    VOCATIONAL REHABILITATION BENEFITS WITHIN THE LONG-TERM

        DISABILITY PILOT PROJECTS--FLEXIBILITY PROVISION

 

 

                    EFFECTIVE DATE:  6/6/96

Passed by the Senate February 7, 1996

  YEAS 49   NAYS 0

 

 

 

            JOEL PRITCHARD

President of the Senate

 

Passed by the House February 28, 1996

  YEAS 94   NAYS 0

             CERTIFICATE

 

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6224 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

             MARTY BROWN

                            Secretary

 

 

Approved March 13, 1996 Place Style On Codes above, and Style Off Codes below.

                                FILED          

 

 

           March 13, 1996 - 1:28 p.m.

 

 

 

              MIKE LOWRY

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                         SENATE BILL 6224

          _______________________________________________

 

             Passed Legislature - 1996 Regular Session

 

State of Washington      54th Legislature     1996 Regular Session

 

By Senators Pelz, Deccio, Wojahn and Newhouse; by request of Department of Labor & Industries

 

Read first time 01/09/96.  Referred to Committee on Labor, Commerce & Trade.

 

Exempting long-time disability pilot project participants from an expenditure limitation.


    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.


    Passed the Senate February 7, 1996.

    Passed the House February 28, 1996.

Approved by the Governor March 13, 1996.

    Filed in Office of Secretary of State March 13, 1996.