Vermont § 641 - Vocational rehabilitation

§ 641. Vocational rehabilitation

• (a) When as a result of an injury covered by this chapter, an employee is unable to perform
  work for which the employee has previous training or experience, the employee shall
  be entitled to vocational rehabilitation services, including retraining and job placement,
  as may be reasonably necessary to restore the employee to suitable employment. Vocational
  rehabilitation services shall be provided as follows: (1) The employer shall designate a vocational rehabilitation provider from a list provided
  by the Commissioner to initially provide services. Thereafter, absent good cause,
  the employee may have only one opportunity to select another vocational rehabilitation
  provider from a list provided by the Commissioner upon giving the employer written
  notice of the employee’s reasons for dissatisfaction with the designated provider
  and the name and address of the provider selected by the employee. (2) The Department shall provide an injured worker with a form that includes information
  and employee rights. The form shall clearly and simply explain the worker’s rights,
  including the choice of provider, the right to challenge a determination, and reimbursement
  for related expenses. The worker shall sign the form and return it to the Department. (3) The Commissioner shall adopt rules to ensure that a worker who requests services or
  who has been out of work for more than 90 days is timely and cost-effectively screened
  for benefits under this section. The rules shall: (A) Provide that all vocational rehabilitation work, except for initial screenings, be
  performed by a Vermont-certified vocational rehabilitation counselor, including counselors
  currently certified pursuant to the rules of the Department. Initial screenings shall
  be performed by an individual with sufficient knowledge or experience to perform adequately
  the vocational rehabilitation screening functions. (B) Provide for an initial screening to determine whether a full assessment is appropriate.
  An injured worker who is determined to be eligible for a full assessment shall be
  timely assessed and offered appropriate vocational rehabilitation services. (C) Provide a mechanism for a periodic and timely screening of injured workers who are
  initially found not to be ready or eligible for a full assessment to determine whether
  a full assessment has become appropriate. (D) Protect against potential conflicts of interest in the assignment and performance
  of initial screenings. (E) Ensure the injured worker has a choice of a vocational rehabilitation counselor. (4) If services are not voluntarily offered and accepted by the employee, the Commissioner,
  if necessary through informal hearing, may refer the employee to a qualified physician
  or appropriate facility for evaluation of the practicability of, need for, and kind
  of service, treatment, or training necessary and appropriate to render the employee
  fit for a remunerative occupation. Upon receipt of findings and after affording the
  parties an opportunity to be heard, the Commissioner may order that the services and
  treatment recommended, or such other rehabilitation treatment or service the Commissioner
  may deem necessary be provided at the expense of the employer. When vocational rehabilitation
  requires residence at or near a facility or institution, away from the employee’s
  customary residence, the reasonable cost of board, lodging, or travel, or both, shall
  be paid for by the employer. In addition, the employer shall pay reasonable costs
  of books, tools, or other basic materials required in such rehabilitation process.
  Refusal to accept vocational rehabilitation pursuant to an order of the Commissioner
  may result in loss of compensation for each week of the refusal, if the Commissioner
  so directs. (5) The Commissioner may set by rule reasonable reimbursement rates for vocational rehabilitation
  benefits and services, provided access to vocational rehabilitation services is not
  diminished, and reasonable choices and access to benefits and services are maintained.
  The fee schedule shall require the individual vocational rehabilitation counselor
  who provides services to review, initial, and certify the accuracy of the billing. (6) [Repealed.] (b) Any person offering to provide vocational rehabilitation services to workers’ compensation
  recipients shall register with the Department and shall possess appropriate qualification
  as established by the Department by rule. The Commissioner may determine that a vocational
  rehabilitation service provider lacks the appropriate qualifications if the provider
  fails to comply with the educational and training requirements established by the
  Commissioner and may revoke the provider’s registration. (c) Any vocational rehabilitation plan for a claimant presented to the employer shall
  be deemed valid if the employer was provided an opportunity to participate in the
  development of the plan and has made no objections or changes within 21 days after
  submission. A vocational rehabilitation counselor shall provide the employer with
  a written invitation to participate in plan development, including the date, time,
  and place to provide an opportunity to participate in the development of the plan,
  with a copy to the Department. The participation in the development of the plan may
  be conducted by telephone. The written notice shall be evidence of the opportunity
  to participate in plan development and shall be appended to the proposed plan. (d) The Commissioner may adopt rules necessary to carry out the purpose of this section. (e)(1) In support of the State’s fundamental interest in ensuring the well-being of employees
  and employers, it is the intent of the General Assembly that, following a workplace
  accident, an employee return to work as soon as possible but remain cognizant of the
  limitations imposed by his or her medical condition. (2) The Commissioner shall adopt rules promoting development and implementation of cost-effective,
  early return-to-work programs. (Amended 1973, No. 64, § 2; 1975, No. 177 (Adj. Sess.), § 3; 1981, No. 204 (Adj. Sess.), § 4; 1993, No. 225 (Adj. Sess.), § 5; 1997, No. 140 (Adj. Sess.), § 3; 1999, No. 97 (Adj. Sess.), § 1; 2003, No. 132 (Adj. Sess.), § 7, eff. May 26, 2004; 2005, No. 212 (Adj. Sess.), § 3, eff. May 29, 2006; 2007, No. 208 (Adj. Sess.), § 14; 2009, No. 33, § 43; 2011, No. 50, § 2; 2011, No. 133 (Adj. Sess.), § 1; 2013, No. 199 (Adj. Sess.), § 53, eff. June 24, 2014.)