WSR 16-21-074
PERMANENT RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed October 18, 2016, 9:37 a.m., effective November 18, 2016]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Workers' compensation self-insurance rules and regulations, WAC 296-15-4316 What must the self-insurer do when the worker declines further vocational rehabilitation services and elects option 2 benefits?
The existing language in WAC 296-15-4316 states that workers who are eligible for vocational retraining have fifteen calendar days from the date the rehabilitation plan is approved to decline further services and elect option 2 benefits instead. This language conflicts with the time frame established by RCW 51.32.096, an amendment enacted through chapter 137, Laws of 2015 (SHB 1496). The language change will align this rule with the new requirements of the law.
Citation of Existing Rules Affected by this Order: Amending WAC 296-15-4316 What must the self-insurer do when the worker declines further vocational rehabilitation services and elects option 2 benefits?
Statutory Authority for Adoption: RCW 51.04.020.
Adopted under notice filed as WSR 16-16-104 on August 2, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 18, 2016.
Joel Sacks
Director
AMENDATORY SECTION (Amending WSR 08-06-058, filed 2/29/08, effective 3/31/08)
WAC 296-15-4316 What must the self-insurer do when the worker declines further vocational rehabilitation services and elects option 2 benefits?
When the department approves a rehabilitation plan, the department will notify the worker ((will be notified)) in writing of their right to decline further vocational rehabilitation services and elect option 2 benefits ((within fifteen calendar days)). The worker must make an election within the time frame required in WAC 296-19A-600. When the worker elects option 2 benefits, the self-insurer must take the following action within five working days of receiving the worker's request:
(1) Terminate time-loss benefits with proper notification to the worker as required in WAC 296-15-420(9);
(2) Establish the total amount of the option 2 award and a payment schedule for the option 2 benefits that begins the date time-loss is terminated;
(3) Submit a Self-Insurance Vocational Reporting Form to the department. The Self-Insurance Vocational Reporting Form must include:
(a) The total vocational services costs paid since the date the worker was found eligible for services;
(b) The option 2 election form signed by the worker; and
(c) Documentation that includes the total amount of the option 2 award and payment schedule.
(4) Commence payment of option 2 benefits to the worker according to the established payment schedule. The first payment must be made no later than fifteen days after the date time-loss is terminated. Option 2 benefits may be paid before the department issues an order.