2020 Analysis of Workers' Compensation Laws - 94

Chart X-Rehabilitation of Disabled Workers, cont.
Jurisdiction

Source of Fund

Maintenance Allowance

Special Provisions

Vermont

No fund established

Board, lodging, travel, books, and tools

Insurer furnishes reasonable and necessary rehabilitation services to an
employee unable to return to suitable employment due to his or her work
injury. Commissioner may order vocational rehabilitation services. Employee
may decline services.

Virginia

No fund established

 

Commission may award compensation, medical care, and vocational
rehabilitation. Employer may be required to furnish and maintain
wheelchairs, bedside lifts, and adjustable beds and to make alterations to
home; maximum $42,000 (wheelchairs exempt from maximum). Employee's
unreasonable refusal may suspend compensation.

Washington

Accident Fund

Books, tuition, fees, supplies, equipment,
transportation, child or dependent care, and
other necessary expenses for any such worker
in an amount not to exceed $3,000 in any
52-week period, and the cost of continuing
the temporary total disability compensation
under RCW 51.32.090 while the worker
is actively and successfully undergoing a
formal program of vocational rehabilitation.
Other expenses allowed may include fees for
on-the-job training and the cost of furnishing
tools and other equipment necessary for
self-employment or reemployment. Up to
two years to complete retraining without
exceeding the maximum available funds of
$18,660.46 for retraining plans approved
7/1/19-6/30/20, or the worker may decline
rehabilitation and receive an amount equal to
nine months of temporary disability benefits
and access to the $18,660.46 training benefit
up to five years.

Department pays employer's cost of job modification up to $5,000 from the
Second Injury Fund. Pre-job accommodations medically necessary for the
worker to participate in a retraining plan, up to $5,000, are paid from the
Accident Fund.

West Virginia No fund established

Up to $20,000 (includes books, supplies,
travel, lodging, and tools for training
purposes). No limit on physical rehabilitation
cost.12 Eligible for TT benefits for approved
physical or vocational program up to 104
weeks.

Benefits provided by private carrier or self-insured employer.

Wisconsin

No fund established

Continuation of TTD or PPD benefits; mileage
and travel reimbursement; tuition, room and
board, and books, if part of an agreed-upon
plan.

80-week period may be extended with Department's permission if
necessary. Department refers feasible cases to Department of Vocational
Rehabilitation. If Department of Vocational Rehabilitation cannot serve
the employee, employee is eligible to select a private specialist to provide
vocational rehabilitation services.

Wyoming

Workers' Compensation Fund

As required to achieve vocational goal

Division can spend up to $30,000 and up to five years on training, supplies,
and a monthly stipend for claimants to be vocationally rehabilitated.

American
Samoa

State Fund

 

 

Virgin Islands Government Insurance Fund

Board, lodging, and travel

Department of Labor cooperates with Department of Human Services.
Income benefits increased to 75% state AWW. Income benefits during
rehabilitation suspended for employee's refusal to accept vocational
rehabilitation.

FECA

Employees' Compensation Fund

Up to $200 per month

If person fails to undergo vocational rehabilitation, administrator may
reduce benefit if rehabilitation would have increased earnings.

Longshore
Act

Special fund

Up to $25 per week continuation of TTD

Office of Workers' Compensation Programs directs, approves, and
administers rehabilitation devices. Acceptance of services by injured
workers is voluntary.

Alberta

Accident Fund

Discretion of board

Board operates physical rehabilitation center, may make necessary
expenditures to aid rehabilitation, and may provide vocational rehabilitation
to a dependent spouse.

British
Columbia

Accident Fund

Discretion of board

Board may provide assistance or make expenditures determined to be
reasonably necessary to assist injured workers in their return to work
or vocational rehabilitation. In case of fatality, board may also provide
vocational rehabilitation assistance to surviving dependent spouses and
dependents of deceased workers (§16).

94 | 2020 Analysis of Workers' Compensation Laws
http://app.leg.wa.gov/RCW/default.aspx?cite=51.32.090
2020 Analysis of Workers' Compensation Laws

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