General Laws of Massachusetts - Chapter 152 Workers’ Compensation - Section 30H Applications for vocational rehabilitation services

Section 30H. If the insurer and employee fail to agree to a vocational rehabilitation program, the employee may apply to the office of education and vocational rehabilitation for vocational rehabilitation services. The office shall determine if vocational rehabilitation is necessary and feasible to return the employee to suitable employment. Such determination by the office shall be final and not subject to review by the board or reviewing board, but may be appealed to the commissioner. If the office determines that vocational rehabilitation is necessary and feasible, it shall promptly develop, after such consultation as it judges reasonable with the employee and the insurer, an appropriate program of no greater that one hundred and four weeks for the employee. It shall inform the insurer and the employee of its determination and of the program developed. The insurer shall have ten days in which to review such determination and program. If the insurer refuses to provide the vocational rehabilitation program developed by the office, the office shall provide it to the employee with trust fund money pursuant to section sixty-five. The commissioner shall provide by rule for efficient procedures and quality controls in the office’s management of such programs, which may be carried out under contract by private rehabilitation service providers. If, upon the completion of the program, the office determines that the program was successful and returned the employee to suitable employment, it shall assess the insurer no less than twice the cost incurred by the office and such assessment shall be paid into said trust fund. The insurer may contest any aspect of the assessment by filing a complaint with the division of dispute resolution. The injured employee shall not be a party to such proceedings.

A public employer or public employer self-insurance group which has filed a notice of non-participation according to the provisions of section sixty-five, and which has appealed the determination of the office to the commissioner as specified above shall be bound by the decision of the commissioner and, if required by such decision, shall provide the vocational rehabilitation program developed by the office. Such decision shall be enforceable in the same manner as an order pursuant to section twelve.

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Last modified: September 11, 2015