Winter 2009 SBH Work Comp Quarterly
PDF FormatHelpful WSIA Checklist for Vocational Services
By Bruce Byerly.
It is important to keep in mind that when a case goes to litigation, if the worker has not returned to suitable work, vocational services will be a likely focus of the litigation. You can expect opposing counsel to produce a vocational expert to dispute your expert's findings. Your vocational counselors must be capable of defending their decisions and services. They must be prepared to overcome the testimony of the worker's vocational expert. Claim reopening and/or pensions can be the result of inadequate vocational preparation and services. Don't wait until litigation to question whether the return to work goal is realistic. Ask beforehand if the goal is within the physical limitations, if there is a demand for workers and if there are any significant impediments.
The WSIA published a series of very helpful checklists approved by the Department. These checklists deal with a number of challenging claim processing issues. WSIA recently updated their vocational services checklist to comply with the new vocational services statutes and code provisions.
Checklists have been prepared for:
- Claim Closure
- Pensions
- Wage Orders
- Vocational Services
- Re-Opening
The updated vocational services checklist addresses the most common claim processing questions, including when to submit a SIVRF, a Job Analysis Report and the requirements for Vocational Assessment Reports. The checklist outlines the deadlines for plan development, plan development extensions and employer job offers. Option 1 and Option 2 time lines are identified and the requirement that vocational counselors explain Option 1 and Option 2 benefits is noted.
Applicable time lines when the Department concludes the worker is entitled to further services are identified: 90-day plan development deadline, 15-day opening for the employer to make a valid job offer, and Option 1 and Option 2 deadlines are reviewed. The checklist discusses the plan approval and denial process, successful completion, failure to complete successfully and Option 2 claim closures.
You can reach the site through a link on our SBH website or go directly to: http://www.wsiassn.org/public/ClaimsFacilitationChecklistsJan07.html.
Also included are links to appropriate forms, relevant statutes and code sections. Thanks to the WSIA for updating the vocational services checklist.
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