2020 Analysis of Workers' Compensation Laws - 93

Chart X-Rehabilitation of Disabled Workers, cont.
Jurisdiction

Source of Fund

Maintenance Allowance

Special Provisions

New
Hampshire

No fund established

Board, lodging, travel, books, and basic
materials in addition to compensation

Insurer must furnish rehabilitation services voluntarily or may be ordered
to do so by commissioner. Limited to a period of one year, unless unusual
circumstances. Vocational rehabilitation coordinator can assist in
development of program. Benefits can be suspended for noncooperation
with vocational rehabilitation.

New Jersey

No fund established

 

Worker receiving PT benefits will be referred to Division of Vocational
Rehabilitation Services (DVRS) at 450 weeks. PT disability benefits may
be stopped after 450 weeks unless worker has submitted to physical or
educational retraining, as required by DVRS. Benefits will continue if DVRS
certifies that petitioner is still totally disabled.

New Mexico

No fund established

Board, lodging, tuition, travel, and all
expenses, including two years of training, are
provided

Only in cases of occupational disease; employer must furnish.

New York

$2,000 no dependency death cases

Up to $30 per week for rehabilitation
maintenance

The statute provides for direction of the rehabilitation process by the state
educational department.

North
Carolina

No fund established

 

Insurer must furnish rehabilitation services required to lessen disability.
Employee's unreasonable refusal of services ordered by commission results
in loss of compensation for period of refusal.

North Dakota

Benefit fund

Eligible for a rehabilitation allowance during
training in lieu of and equal to compensation
for up to 104 weeks to include an additional
allowance of up to 30% for travel or second
domicile expenses. May award an extension
allowance not to exceed 20 weeks.

Vocational rehabilitation programs assist injured workers through skill
upgrading, retraining, and work search assistance. The program includes
preferred worker incentive programs along with scholarship and education
loan programs.

Ohio

State Insurance Fund

Same as for TT disability, minimum 50% of
the state AWW for six months (renewable)11

Rehabilitation Division (within the Bureau of Workers' Compensation) may
make all necessary expenditures, medically including treatment of nonoccupational conditions inhibiting return to work.

Oklahoma

No fund established

Board, lodging, travel, tuition, books, and
necessary equipment in training

For injuries occurring on or after 2/1/14, vocational benefits must be
requested within 60 days of permanent restrictions preventing the
employee from returning to pre-injury or equivalent job; duration of
services or training is limited to 52 weeks; TT equivalent benefits during
PT evaluation up to 52 weeks during participation in retraining or job
placement; and commission may order vocational rehabilitation in certain
cases before MMI.

Oregon

No fund established

TT benefits during training. Necessary
expenses including tuition, books, some
travel costs, and tools

Insurer must provide vocational assistance to permanently disabled
workers who cannot return to suitable employment at a wage at least 80%
of wage at injury.

Pennsylvania

Federal and state sources

State Office of Vocational Rehabilitation
or private rehabilitation may provide cash
payments for living expenses

State Office of Vocational Rehabilitation or private rehabilitation may
provide physical restoration, training, support, and job placement services.

Rhode Island

Workers' Compensation
Administrative Fund, private
carriers, and self-insured employers

Board, lodging, and travel

The department operates the Chief Judge Robert Arrigan Rehabilitation
Center. Compensation suspended for willful refusal of suitable employment
or rehabilitation.

South
Carolina

No fund established

 

State Vocational Rehabilitation Department reviews commission records
and contacts potential claimants for evaluation.

South Dakota

No fund established

Compensation paid up to 60 days if pursuing
rehabilitation

TT benefits during period of approved vocational rehabilitation, or 120% of
TT less week by earnings.

Tennessee

Excess reserves in second injury
fund for injuries on or after 7/1/18

Physical rehabilitation covered under medical
services; rehabilitation is for educational
purposes

Worker must have not made a meaningful return to work. Benefits capped
at $5,000 per year/lifetime $20,000 per employee.

Texas

No fund established

 

Insurer furnishes necessary medical care and services for physical
rehabilitation. The Division and/or the Office of Injured Employee Counsel
may notify employees of vocational rehabilitation services through the
Texas Workforce Commission and private providers.

Utah

Voluntary by insurance carrier

 

Worker receiving PT benefits must cooperate with rehabilitation/
reemployment plan. If worker cannot be rehabilitated, worker receives
benefits for life from employer or insurance carrier; minimum is 36% of
current state AWW after six years of benefits.

2020 Analysis of Workers' Compensation Laws | 93
2020 Analysis of Workers' Compensation Laws

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