Section Lab 509.06 - Vocational Rehabilitation Training Agreement(a) A vocational rehabilitation training agreement shall be developed and submitted to the department for prior approval on a case by case basis using the criteria listed in Lab 509.02(b). This shall be done for services which involve any expenditure of monies beyond those for the services of the vocational rehabilitation provider, or for services listed in Lab 509.02(c) (7) - (10). The training agreement with the original signatures of all parties shall be submitted to the department for review and approval. Each case shall be evaluated on an individual basis taking into consideration, but not limited to, the medical condition of the employee, the choice of vocational goal and rationale, the nature and extent of the training, and the employability of the employee at the completion.(b) The vocational rehabilitation training agreement shall be on the vocational rehabilitation provider's letterhead.(c) The vocational rehabilitation provider shall include the following information in the following order on the vocational rehabilitation training agreement: (2) Employer's name at the time of the injury;(4) Employee's date of injury;(5) Type of injury and nature and extent of disability;(6) Vocational goal and rationale for selecting this goal;(7) Responsibilities of carrier including dates and costs;(8) Responsibilities of employee including dates;(9) Responsibilities of rehabilitation provider including dates;(10) Provisions for payment and/or cessation of indemnity benefits during and at conclusion of training agreement;(11) Signatures of employee, rehabilitation provider, carrier representative;(12) Date the signed training agreement is submitted to the department for review;(13) Date the signed training agreement is approved by the department;(14) Blank line labeled "Labor Department Representative"; and(15) Blank line labeled "Date Approved by Labor Department".(d) Upon submission, the original copy of the signed vocational rehabilitation training agreement shall be reviewed by the labor department vocational rehabilitation coordinator or designee.(e) To obtain approval of a training agreement, the training agreement shall:(1) Document that the vocational goal is within the injured employee's medical restrictions;(2) Take into consideration the injured employee's transferable skills;(3) Provide for a vocation that approximates the injured employee's average weekly wage prior to the injury;(4) Demonstrate the availability of employment in the injured employee's labor market; and(5) Take into consideration other employment issues.(f) If approved, the training agreement shall be signed by the vocational rehabilitation coordinator or designee and a photocopy shall be returned to the rehabilitation provider for distribution to the other parties.(g) If not approved, the vocational rehabilitation coordinator or designee shall contact the rehabilitation provider to discuss problem areas and identify resolutions. The coordinator may require a meeting with the parties to discuss the training agreement further.(h) If a dispute arises regarding a vocational rehabilitation training agreement which is not resolved through the administrative process outlined above, a formal hearing shall be scheduled pursuant to RSA 281-A:25, I, III, and IV.N.H. Admin. Code § Lab 509.06
#6806, eff 7-18-98 (formerly Lab 508.06); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07
Amended by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11067, Effective 4/1/2016, Expires 4/1/2026.