California Regulations 10125

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

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.