Louisiana
RULE DEPARTMENT OF LABOR OFFICE OF WORKERS' COMPENSATION Title 40 Labor and Employment
Part I. Workers' Compensation Administration
Chapter 7. Rehabilitation Services
§701.
Purpose
A. The purpose of this section of administrative rule is to implement the
provisions of Section 1226 of Subpart B of Chapter 10. Revised Statute 23 and
establish guidelines for the rehabilitation of the occupationally disabled
employee.
B. The purpose of the Rehabilitation Program is to coordinate and assure
the most efficient and timely delivery of the multiple services often necessary
to restore the occupationally disabled employee to employment as soon as possible
after the injury.
C. There are two major overlapping and interrelated components of the
rehabilitation process:
1. vocational restorative services; and
2. re-employment services.
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1226.
HISTORICAL NOTE: Promulgated by the Department of Labor, Office of
Worker's Compensation Administration, LR 11:778 (August 1985), repromulgated LR
13:307 (May 1987), repromulgated by the Department of Employment and Training,
Office of Worker's Compensation Administration, LR 18:148 (February 1992).
§703.
Statutory Requirements
A. §1226(A) requires that when an employee has suffered an injury covered
by Chapter 10, R.S. 23 which precludes the employee from earning wages equal to
wages earned prior to the injury, the employee shall be entitled to prompt
rehabilitation services provided by the carrier/employer.
B. §1226(B) requires that in considering the goal of returning a disabled
worker to work with a minimum of retraining, the first appropriate option listed
therein is to be chosen.
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1226.LAC 40:I.Chapter 7 Rehabilitation Services
7 - 2 February 20, 1992
HISTORICAL NOTE: Promulgated by the Department of Labor, Office of
Worker's Compensation Administration, LR 11:778 (August 1985), repromulgated LR
13:308 (May 1987), repromulgated by the Department of Employment and Training,
Office of Worker's Compensation Administration, LR 18:148 (February 1992).
§705.
Definitions
For purposes of this Section the following definitions apply:
A. Rehabilitation - The restoration of an occupationally injured or
diseased employee to employment as soon as possible after the injury.
B. Rehabilitation Services - Vocational and/or re-employment services
necessary to restore an occupationally disabled employee, as nearly as possible,
to his/her pre-injury status.
C. Vocational Restorative Services - Vocational services needed to
restore the occupationally disabled employee to his/her pre-injury employment or
if that is not possible to that which he/she enjoyed prior to the occupational
injury or disease. Such services include but are not limited to, the following:
psychological and vocational evaluations, counseling and training services.
D. Re-employment Services - Services used to re-employ the
occupationally disabled employee in a suitable, gainful occupation as adjusted
by his/her physical and vocational ability at that time.
E. Evaluation - Any testing, analysis or assessment of the
occupationally disabled employee's physical and/or vocational capabilities used
to determine the need for and practicability of rehabilitation services to
restore the employee to gainful employment.
F. Suitable Employment - Suitable Employment is employment or selfemployment,
after rehabilitation which is reasonably attainable and which offers
an opportunity to restore the individual as soon as practical and nearly as
possible to his average earnings at the time of this injury including any
sheltered employment, odd-lot or employment while working in pain.
G. State and Federal Agencies - Those agencies which provide vocational
education paid for with tax money.
H. Private Agencies - Companies which provide vocational rehabilitation
services for a fee.
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1226.
HISTORICAL NOTE: Promulgated by the Department of Labor, Office of
Worker's Compensation Administration, LR 11:778 (August 1985), repromulgated LR
13:308 (May 1987), repromulgated by the Department of Employment and Training,LAC 40:I.Chapter 7 Rehabilitation Services
7 - 3 February 20, 1992
Office of Worker's Compensation Administration, LR 18:148 (February 1992).
§707.
Responsibility to Provide Service
It is the responsibility of the carrier/employer to select a vocational
counselor to evaluate and assist the employee in his job placement and/or
vocational training.
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1226.
HISTORICAL NOTE: Promulgated by the Department of Labor, Office of
Worker's Compensation Administration, LR 11:778 (August 1985), repromulgated LR
13:308 (May 1987), repromulgated by the Department of Employment and Training,
Office of Worker's Compensation Administration, LR 18:148 (February 1992).
§709. Use of Resources
The carrier/employer may utilize programs provided by state and federal
agencies for rehabilitation services when conveniently available or may utilize
any public or private agency cooperating with such state and federal agencies.
In the absence of such programs, the carrier/employer shall provide
rehabilitation services with available private agencies.
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1226.
HISTORICAL NOTE: Promulgated by the Department of Labor, Office of
Worker's Compensation Administration, LR 11:778 (August 1985), repromulgated LR
13:308 (May 1987), repromulgated by the Department of Employment and Training,
Office of Worker's Compensation Administration, LR 18:148 (February 1992).
§711. Claims
A. A rehabilitation dispute or claim can be filed on form LDET-WC-1005 by
the employee, employer or carrier when rehabilitation services are not
voluntarily offered of accepted. The hearing officer may consider written
vocational rehabilitation evaluations and plans prepared by a private or public
rehabilitation provider or counselor and/or may refer the employee to a qualified
physician and/or approved facility, individual, institution or organization for
the evaluation of the practicality, advisability and necessity of rehabilitation
services to restore the employee to suitable gainful employment. Any evaluationLAC 40:I.Chapter 7 Rehabilitation Services
7 - 4 February 20, 1992
ordered by the hearing officer shall be completed in 45 days from the receipt of
the referral from the heating officer, with the expense of such evaluation to be
borne by the employer/carrier.
B. If rehabilitation services are deemed practical and advisable, they
shall be ordered at the expense of the carrier/employer subject to the
reimbursement schedule for rehabilitation services promulgated at the time of the
filing of the claim or dispute.
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1226.
HISTORICAL NOTE: Promulgated by the Department of Labor, Office of
Worker's Compensation Administration, LR 11:778 (August 1985), repromulgated LR
13:308 (May 1987), repromulgated by the Department of Employment and Training,
Office of Worker's Compensation Administration, LR 18:148 (February 1992).
§713. Adjudication by Hearing Officer
Prior to the hearing officer finding that an occupationally disabled
employee is permanently and totally disabled, the hearing officer shall determine
whether there is reasonable probability that, with appropriate rehabilitation
services which may include training and/or education, the occupationally disabled
employee can achieve suitable gainful employment and whether it is in the best
interest of such individual to undertake such rehabilitation services.
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1226.
HISTORICAL NOTE: Promulgated by the Department of Labor, Office of
Worker's Compensation Administration, LR 11:778 (August 1985), repromulgated LR
13:308 (May 1987), repromulgated by the Department of Employment and Training,
Office of Worker's Compensation Administration, LR 18:148 (February 1992).
§715. Duration
When it appears that appropriate training and/or education is necessary and
desirable to restore the occupationally disabled employee to suitable gainful
employment, the employee shall be entitled to 26 weeks of training and/or
education and an additional 26 weeks if deemed necessary and proper by the
hearing officer. However, no carrier/employer shall be precluded from continuing
such rehabilitation beyond such period on a voluntary basis. An occupationally
disabled employee must request and begin rehabilitation within two years from the
date of termination of temporary total disability as determined by the treating
physician.LAC 40:I.Chapter 7 Rehabilitation Services
7 - 5 February 20, 1992
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1226.
HISTORICAL NOTE: Promulgated by the Department of Labor, Office of
Worker's Compensation Administration, LR 11:778 (August 1985), repromulgated LR
13:308 (May 1987), repromulgated by the Department of Employment and Training,
Office of Worker's Compensation Administration, LR 18:148 (February 1992).
§717. Cost of Rehabilitation Services and Supplies
When appropriate training and/or education is deemed necessary, the
rehabilitation services provided shall include the cost of training, tuition,
books, tools and/or equipment.
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1226.
HISTORICAL NOTE: Promulgated by the Department of Labor, Office of
Worker's Compensation Administration, LR 11:778 (August 1985), repromulgated LR
13:308 (May 1987), repromulgated by the Department of Employment and Training,
Office of Worker's Compensation Administration, LR 18:148 (February 1992).
§719. Location of Services
If rehabilitation requires residence at or near the facility or institution
away from the occupationally disabled employee's customary residence, reasonable
costs of his/her board, lodging and travel shall be paid for by the
employer/carrier. A retraining program shall be provided at facilities within
the state when such facilities are available.
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1226.
HISTORICAL NOTE: Promulgated by the Department of Labor, Office of
Worker's Compensation Administration, LR 11:778 (August 1985), repromulgated LR
13:308 (May 1987), repromulgated by the Department of Employment and Training,
Office of Worker's Compensation Administration, LR 18:148 (February 1992).
§721. Penalty for Refusal
A. Although an occupationally disabled employee is entitled to
rehabilitation as a right or benefit, when he/she agrees to a rehabilitation
program, dedication to the completion of that program is expected.
B. Demonstration of a lack of responsibility by the occupationallyLAC 40:I.Chapter 7 Rehabilitation Services
7 - 6 February 20, 1992
disabled employee in following through with the rehabilitation plan or refusal
to accept rehabilitation as deemed necessary by the hearing officer shall result
in a 50 percent reduction in weekly compensation, including supplemental earnings
benefits pursuant to R.S. 23:1221(3), for each documented week of the period of
refusal.
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1226.
HISTORICAL NOTE: Promulgated by the Department of Labor, Office of
Worker's Compensation Administration, LR 11:778 (August 1985), repromulgated LR
13:308 (May 1987), repromulgated by the Department of Employment and Training,
Office of Worker's Compensation Administration, LR 18:148 (February 1992).
§723. Payment of Temporary Disability
Temporary disability benefits paid pursuant to R.S. 23:1221(1) shall
include such period as may be reasonably required for training in the use of
artificial members and appliances and shall include such period as the employee
may be receiving training or education under a rehabilitation program approved
by the hearing officer.
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1226.
HISTORICAL NOTE: Promulgated by the Department of Labor, Office of
Worker's Compensation Administration, LR 11:778 (August 1985), repromulgated LR
13:308 (May 1987), repromulgated by the Department of Employment and Training,
Office of Worker's Compensation Administration, LR 18:148 (February 1992).
§725. Approved List of Rehabilitation Providers
The Office of Worker's Compensation Administration will maintain a current
listing of rehabilitation counselors licensed to practice rehabilitation services
in the state of Louisiana. This listing will be available upon request.
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1226.
HISTORICAL NOTE: Promulgated by the Department of Labor, Office of
Worker's Compensation Administration, LR 11:778 (August 1985), repromulgated LR
13:309 (May 1987), repromulgated by the Department of Employment and Training,
Office of Worker's Compensation Administration, LR 18:148 (February 1992).