Difference between revisions of "California Regulations 10125"

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<td width="80%" valign="top">The maximum expenditure for counseling fees, training, maintenance allowance, and costs&nbsp;associated with and arising out of vocational rehabilitation services shall begin when all of the&nbsp;following events have occurred:
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<td width="80%" valign="top">[Repealed]
  
&nbsp;(a) The claims administrator has identified the employee as medically eligible for vocational&nbsp;rehabilitation services and has sent a notice of potential eligibility to the employee;
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The maximum expenditure for counseling fees, training, maintenance allowance, and costs�associated with and arising out of vocational rehabilitation services shall begin when all of the�following events have occurred:
  
&nbsp;(b) The employee has received notice in writing that confirms the lack of alternate or modified&nbsp;work with the employer;
+
(a) The claims administrator has identified the employee as medically eligible for vocational�rehabilitation services and has sent a notice of potential eligibility to the employee;
  
&nbsp;(c) The employee has made a request for vocational rehabilitation services.&nbsp;Nothing in this article shall be construed to limit or discourage the use of additional public or&nbsp;private resources in addition to the maximum expenditure payable by the insurer as a part of a&nbsp;vocational rehabilitation plan.
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�(b) The employee has received notice in writing that confirms the lack of alternate or modified�work with the employer;
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(c) The employee has made a request for vocational rehabilitation services.�Nothing in this article shall be construed to limit or discourage the use of additional public or�private resources in addition to the maximum expenditure payable by the insurer as a part of a�vocational rehabilitation plan.
 
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<td width="20%" valign="top"><b>Relevant Case Law</b>
 
<td width="20%" valign="top"><b>Relevant Case Law</b>
  
[http://www.workcompcentral.com/members/index.php?fa=wiki_redirect&case_no=279305212642793&state=ca Castro Valley Unif. School Dist. v. WCAB]
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[http://www.workcompcentral.com/members/index.php?fa=wiki_redirect&case_no=279305212642793&state=CA Castro Valley Unif. School Dist. v. WCAB]
  
 
Note: Employer liable for maintenance allowance absent giving notice confirming lack of modified/alternate work; 139.5 cap does not apply until notice given.
 
Note: Employer liable for maintenance allowance absent giving notice confirming lack of modified/alternate work; 139.5 cap does not apply until notice given.
  
[http://www.workcompcentral.com/members/index.php?fa=wiki_redirect&case_no=279405212632794&state=ca One Hour Cleaners, etc. v. WCAB]
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[http://www.workcompcentral.com/members/index.php?fa=wiki_redirect&case_no=279405212632794&state=CA One Hour Cleaners, etc. v. WCAB]
  
 
Note: Employer's rehab. expenditures not subject to 139.5 cap when employer did not send applicant required prior notice of rights to rehab.
 
Note: Employer's rehab. expenditures not subject to 139.5 cap when employer did not send applicant required prior notice of rights to rehab.
  
[http://www.workcompcentral.com/members/index.php?fa=wiki_redirect&case_no=279503212632795&state=ca Williams v. WCAB (Satellite)]
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[http://www.workcompcentral.com/members/index.php?fa=wiki_redirect&case_no=279503212632795&state=CA Williams v. WCAB (Satellite)]
  
 
Note: Reg. 10125 requirements must be satisfied by written documents, but need not be satisfied in notice to applicant of potential eligibility for rehabilitation.
 
Note: Reg. 10125 requirements must be satisfied by written documents, but need not be satisfied in notice to applicant of potential eligibility for rehabilitation.
  
 
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Revision as of 13:50, 8 June 2009

California > Regulations

§ 10125 Maximum Vocational Rehabilitation Expenditures for Injuries Occurring On or After 1/1/94

[Repealed]

The maximum expenditure for counseling fees, training, maintenance allowance, and costs�associated with and arising out of vocational rehabilitation services shall begin when all of the�following events have occurred:

�(a) The claims administrator has identified the employee as medically eligible for vocational�rehabilitation services and has sent a notice of potential eligibility to the employee;

�(b) The employee has received notice in writing that confirms the lack of alternate or modified�work with the employer;

�(c) The employee has made a request for vocational rehabilitation services.�Nothing in this article shall be construed to limit or discourage the use of additional public or�private resources in addition to the maximum expenditure payable by the insurer as a part of a�vocational rehabilitation plan.

  Relevant Case Law

Castro Valley Unif. School Dist. v. WCAB

Note: Employer liable for maintenance allowance absent giving notice confirming lack of modified/alternate work; 139.5 cap does not apply until notice given.

One Hour Cleaners, etc. v. WCAB

Note: Employer's rehab. expenditures not subject to 139.5 cap when employer did not send applicant required prior notice of rights to rehab.

Williams v. WCAB (Satellite)

Note: Reg. 10125 requirements must be satisfied by written documents, but need not be satisfied in notice to applicant of potential eligibility for rehabilitation.