New Mexico § 52-3-17 - Vocational rehabilitation services

§ 52-3-17. Vocational rehabilitation services

A. The purpose of this section is the restoration of the disabled employee to gainful

employment, preferably that for which he has had training or experience. B. Vocational rehabilitation services are those services designed to return the employee

to gainful employment, in the following priority: (1) pre-injury job with the same employer; (2) modified work with the same employer; (3) job related to former employment; or (4) suitable employment in a nonrelated work field. C. Subject to the requirements imposed upon the employee and the other limitations

of this section, the employer shall furnish vocational rehabilitation services for

the employee who has suffered disablement that is covered by the New Mexico Occupational

Disease Disablement Law. When, as a result of the injury, the employee is unable to perform the pre-injury

job with the same employer or unable to perform modified work with the same employer,

he shall be entitled to vocational rehabilitation evaluation, counseling and training

if necessary to return the employee to either a job related to his former employment

or suitable employment in a nonrelated field. The total amount required to be paid by an employer for vocational evaluation and

counseling shall not exceed two thousand five hundred dollars ($2,500). D. The employer shall notify the employee in writing of the provisions of this section

within thirty days of the first report of disablement required to be filed by the

employer under Section 52-3-51 NMSA 1978 if the employee is at the time disabled. E. To be entitled to vocational rehabilitation services or benefits, a disabled employee

must notify the employer in writing that he has been released within one hundred twenty

days from the date that he is released from regular treatment by his primary treating

health care provider as defined in Section 52-4-1 NMSA 1978 . In the event the employee fails to notify the employer, the employer shall not be

liable for any vocational rehabilitation benefits. F. A referral for an evaluation of an employee for suitability for vocational rehabilitation

services shall be made by the employer of an employee who notifies the employer under

Subsection E of this section. If the evaluation or vocational rehabilitation services are requested and these

services are not voluntarily offered by the employer or if offered but not accepted

by the employee, the workers' compensation judge upon application affording the parties

an opportunity to be heard may determine whether the employee needs evaluation or

vocational rehabilitation services and shall cooperate with and refer promptly all

cases in need of such services to the appropriate public or private agencies in this

state or where necessary in any other state for such services. G. An employee who is entitled to vocational rehabilitation training shall receive

payment for board, lodging, tuition, travel and all other expenses, including the

cost or charges for the vocational rehabilitation training, for a period of time not

to exceed two years from the date vocational rehabilitation training is determined

to be necessary. Any benefits to which an employee is entitled under this section shall not be considered

or paid as part of any lump sum settlement of a claim by an employee and payment by

the employer shall only be required as services are incurred. H. It shall be the responsibility of the employee to submit to all reasonable requests

for evaluations made by the employer or required by the workers' compensation judge,

as may be necessary, to determine the need for or to develop a plan for vocational

rehabilitation. However, the employee shall not be required to bear the cost of any evaluation requested

by the employer, notwithstanding the limitation on expenditures specified in Subsection

C of this section. If the employee refuses to submit to evaluation or to accept vocational rehabilitation

training pursuant to an order of a workers' compensation judge, the employer's liability

to the employee shall be limited to medical and disability benefits under the New

Mexico Occupational Disease Disablement Law.