Difference between revisions of "California Regulations 10125"
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| − | <td width="80%" valign="top"> | + | <td width="80%" valign="top">[Repealed] |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; | |
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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= | + | [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= | + | [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= | + | [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
§ 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. Note: Reg. 10125 requirements must be satisfied by written documents, but need not be satisfied in notice to applicant of potential eligibility for rehabilitation. |
