Nevada § 616C.555 - Plan for program of vocational rehabilitation; regulations

§ 616C.555. Plan for program of vocational rehabilitation; regulations

1. A vocational rehabilitation counselor shall develop a plan for a program of vocational

rehabilitation for each injured employee who is eligible for vocational rehabilitation

services pursuant to NRS 616C.590 . The counselor shall work with the insurer and the injured employee to develop a

program that is compatible with the injured employee's age, sex and physical condition. 2. If the counselor determines in a written assessment requested pursuant to NRS 616C.550 that the injured employee has existing marketable skills, the plan must consist of

job placement assistance only. When practicable, the goal of job placement assistance must be to aid the employee

in finding a position which pays a gross wage that is equal to or greater than 80

percent of the gross wage that the employee was earning at the time of his or her

injury. An injured employee must not receive job placement assistance for more than 6 months

after the date on which the injured employee was notified that he or she is eligible

only for job placement assistance because: (a) The injured employee was physically capable of returning to work; or (b) It was determined that the injured employee had existing marketable skills. 3. If the counselor determines in a written assessment requested pursuant to NRS 616C.550 that the injured employee does not have existing marketable skills, the plan must

consist of a program which trains or educates the injured employee and provides job

placement assistance. Except as otherwise provided in NRS 616C.560 , such a program must not exceed: (a) If the injured employee has incurred a permanent disability as a result of which

permanent restrictions on the ability of the injured employee to work have been imposed

but no permanent physical impairment rating has been issued, or a permanent disability

with a permanent physical impairment of 0 percent, 9 months. (b) If the injured employee has incurred a permanent physical impairment of 1 percent

or more but less than 6 percent, 12 months. (c) If the injured employee has incurred a permanent physical impairment of 6 percent

or more, 24 months. The percentage of the injured employee's permanent physical impairment must be determined

pursuant to NRS 616C.490 . 4. A plan for a program of vocational rehabilitation must comply with the requirements

set forth in NRS 616C.585 . 5. A plan created pursuant to subsection 2 or 3 must assist the employee in finding

a job or train or educate the employee and assist the employee in finding a job that

is a part of an employer's regular business operations and from which the employee

will gain skills that would generally be transferable to a job with another employer. 6. A program of vocational rehabilitation must not commence before the treating physician

or chiropractic physician, or an examining physician or chiropractic physician determines

that the injured employee is capable of safely participating in the program. 7. If, based upon the opinion of a treating or an examining physician or chiropractic

physician, the counselor determines that an injured employee is not eligible for vocational

rehabilitation services, the counselor shall provide a copy of the opinion to the

injured employee, the injured employee's employer and the insurer. 8. A plan for a program of vocational rehabilitation must be signed by a certified

vocational rehabilitation counselor. 9. If an initial program of vocational rehabilitation pursuant to this section is

unsuccessful, an injured employee may submit a written request for the development

of a second program of vocational rehabilitation which relates to the same injury. An insurer shall authorize a second program for an injured employee upon good cause

shown. 10. If a second program of vocational rehabilitation pursuant to subsection 9 is unsuccessful,

an injured employee may submit a written request for the development of a third program

of vocational rehabilitation which relates to the same injury. The insurer, with the approval of the employer who was the injured employee's employer

at the time of his or her injury, may authorize a third program for the injured employee. If such an employer has terminated operations, the employer's approval is not required

for authorization of a third program. 11. The Division shall adopt regulations to carry out the provisions of this section. The regulations must specify the contents of a plan for a program of vocational

rehabilitation.