§ 27-14-408 — Vocational rehabilitation; application; eligibility; plan; limitation; modification, suspension or termination

(a) An injured employee may apply to the division to
participate in a vocational rehabilitation program if:
(i) An award has been made under W.S. 27-14-405(f)
and (g) or it is reasonably expected, due to the nature and
extent of the injury, that an award will be made under W.S.
27-14-405(f) and (g);
(ii) The compensable injury will prevent the employee
from returning to any occupation for which the employee has
previous training or experience and in which the employee was
gainfully employed at any time during the three (3) year period
before the injury;
(iii) The employee's injury has not previously
resulted in an award for vocational disability, whether
denominated loss of earnings, loss of earning capacity or
vocational award; and
(iv) The employee elects in writing to accept
vocational rehabilitation instead of any permanent partial
disability award under W.S. 27-14-405(h) and (j) arising from
the same physical injury.
(b) Upon receipt of an application, the division shall
determine if the employee is eligible for participation in a
rehabilitation program pursuant to this section.
(c) Upon final determination of an injured worker's
eligibility for rehabilitation, the division shall immediately
send a copy of the application and determination to the local
office of the division of vocational rehabilitation of the
department of workforce services.
(d) The division of vocational rehabilitation shall upon
receipt of the determination of eligibility, immediately provide
the injured employee with a written explanation of the
rehabilitation services available to injured employees and its
procedures for developing and supervising an individualized
rehabilitation plan for the employee.
(e) The division of vocational rehabilitation shall in
cooperation with the injured employee, develop an individualized
rehabilitation plan for the employee agreed to by both the
division of vocational rehabilitation and employee, that:
(i) Is reasonably contemplated to restore the
employee's ability to return to former employment, a related
occupation or other suitable employment which, to the extent
reasonably possible, has an earnings level comparable to the
employee's pre-injury earnings;
(ii) Shall not exceed five (5) years or a total cost
of thirty thousand dollars ($30,000.00) unless extended or
increased for extenuating circumstances as defined by rule and
regulation of the division;
(iii) Is the least costly feasible plan consistent
with the rehabilitation goal established pursuant to paragraph
(e)(i) of this section; and
(iv) Includes provisions for living expenses during
the rehabilitation plan if the employee is not receiving
payments for living expenses from any other government benefit
program including worker's compensation, and other sources of
household income are insufficient to pay minimally necessary
living expenses, provided the vocational rehabilitation program
is pursued as rapidly as possible.
(f) The division may modify, suspend or terminate the
participation of an injured worker in the rehabilitation program
upon certification by the division of vocational rehabilitation
that the injured worker has failed to cooperate or maintain
satisfactory progress toward the mutually agreed upon
rehabilitation plan goals.