USCC Workers Comp 2023 - 92

Chart X-Rehabilitation of Disabled Workers, cont.
Jurisdiction
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Source of Fund
No fund established
No fund established
No fund established
No fund established
Employment Rehabilitation Fund5
Maintenance Allowance
$100 weekly in addition to other
compensation for 13 weeks
Only by agreement of all parties
Board, lodging, and travel if away from home
Board, lodging, and travel paid by employer
or carrier
Transportation or any extra and necessary
expenses upon board order
Paid for by insurers and selfinsurers
Up
to $40 weekly paid by employer for
a maximum of 24 months if employee is
required to live away from home while in
vocational rehabilitation
Special Provisions
May be extended additional 13 weeks. Medical care includes physical
rehabilitation.
Employer or carrier may voluntarily provide vocational rehabilitation
services under the Workers' Compensation Act.
Unlimited medical rehabilitation and vocational rehabilitation up to 52
weeks (may be extended). Employee's refusal results in loss of 50% of
compensation.
Employer or carrier provides up to 26 weeks of vocational rehabilitation,
extendable another 26 weeks. Benefits reduced 50% for refusal of
necessary rehabilitation.
Employee entitled to rehabilitation services when unable to perform work
for which the employee has previous training or experience. Training,
treatment, or service is only 52 weeks unless board extends.6
Workers' Compensation Commission investigates claims and reports of
disabilities for referral to state Department of Vocation Rehabilitation or
to a private vendor. Employee is entitled to rehabilitation services with
benefits paid at the same rate as TT. Employee's unreasonable refusal
results in loss of compensation. Employer pays compensation for TT
disability plus expenses of vocational assessment, rehabilitation, and
maintenance allowance.
Massachusetts
Michigan
Minnesota
Paid
the same as compensation by
employer or insurer7
No fund established
No fund established
Office of Education and Vocational
Rehabilitation may approve room, board, and
travel expenses for 52 weeks
Transportation and other necessary expenses
during 52 weeks' training
During rehabilitation: necessary expenses
including tuition, books, travel, board,
lodging, and custodial daycare. Employee
receives TT benefits during retraining; up to
156 weeks.
Necessary cost of rehabilitation subject to approval by Office of Education
and Vocational Rehabilitation. Benefits suspended for refusal to participate.
Medical and vocational rehabilitation services under Workers'
Compensation Bureau-approved facility. Bureau may extend training period
additional 52 weeks; maximum 104 weeks.
Qualified injured worker entitled to rehabilitation under a rehabilitation
plan.8
If approved as a plan, employer to provide retraining up to 156
weeks. Participant may request 25% benefit increase and is eligible
for one-time relocation allowance. Employer may seek termination or
suspension of benefits if worker fails to cooperate with plan. Rehabilitation
may be requested and consultation provided at given times. Effective for
dates of injury on or after 10/13/13, job development services limited to
20 hours a month for no more than 13 consecutive or intermittent weeks,
which the parties, the Minnesota Department of Labor & Industry, or an
ALJ can extend to 26 weeks.9
Mississippi
Missouri
No fund established
For serious injuries only there
is a $40 per week supplement
paid from second injury fund,
up to 20 weeks, using approved
physical rehabilitation, with cost
of treatment paid by employer or
insurer
Montana
For dates of injury prior to 7/1/97-
Rehabilitation Fund by up to 1%
tax upon compensation paid by
insurers, self-insured, and state
fund
Nebraska
Workers' Compensation Trust Fund
financed by 2% of benefits paid by
carriers, risk-management pools,
and self-insurers in state in prior
year
Nevada
Private carriers, self-insured
employers, and associations of
self-insured employers
Up to $25 per week for up to 52 weeks
Reasonable board, lodging, and travel if away
from home, paid by employer or insurer. TT
or TP benefits paid throughout duration of
rehabilitation program.
Commission cooperates with federal and state agencies.
Director, Division Workers' Compensation administratively determines
qualification for serious injury. In all cases, employer pays TT benefits up to
20 weeks during physical rehabilitation, which may be extended in unusual
cases. Initial vocational plan up to 26 weeks; employers may extend plan
up to 26 weeks. Refusal of employee to undergo vocational rehabilitation
results in 50% reduction in TT or TP benefits.
Disabled workers, or WPI rating of 15% or
greater, entitled to rehabilitation benefits
at TT rate paid throughout the duration
of rehabilitation plan (up to 104 weeks).
Auxiliary benefits up to $4,000 available for
travel and relocation expenses, as well as
implementation of rehabilitation plan.
Board, lodging, travel, tuition, fees, and books
paid by fund. Temporary indemnity paid by
self-insurer or carrier.
10
Rehabilitation provider provides certification that injured worker has
vocational goals or reemployment opportunity, which will have a
reasonable reduction in the worker's actual wage loss, and a rehabilitation
plan agreed upon by the injured worker and the insurer. The rehabilitation
plan must be completed within 26 weeks of the completion date specified
in the plan and must begin within 78 weeks of reaching MMI.
Payments into fund suspended when fund reaches $2.3 million. Assessment
(2%) when fund reduced to $1.2 million. Rehabilitation plan must be
approved by the Workers' Compensation Court before payments by the
Workers' Compensation Trust Fund are authorized.
Rehabilitation program is limited by percentage of PP award. Insurer is
authorized to provide necessary rehabilitation services. Employee's refusal
may result in loss of benefits. Payment of compensation in lump sum in lieu
of vocational rehabilitation services available at insurer's discretion.
92 | 2023 Analysis of Workers' Compensation Laws
USCC Workers Comp 2023

Table of Contents for the Digital Edition of USCC Workers Comp 2023
