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.