Neb. Work. Comp. Ct. 43

As amended through October 23, 2024

Rule 43 - Vocational Rehabilitation Change Of Counselor

A. A change in the vocational rehabilitation counselor providing vocational rehabilitation services or performing a loss of earning power evaluation may be requested by the employee, the employer or its insurer or risk management pool, or the vocational rehabilitation counselor. This change shall only be made after approval has been obtained from the court.

1. The party or the vocational rehabilitation counselor desiring a change in vocational rehabilitation counselor must submit the request in writing to the court, using a form developed by the court with copies to all other parties and the counselor.

2. The request shall identify the specific reasons for the requested change.

3. A vocational rehabilitation specialist of the court will review the request and either approve or deny the request within 10 business days.

a. If the request is denied by the specialist, the specialist will notify all parties and the counselor of the denial and the reasons for rejecting the requested change. When a change request is not approved, vocational rehabilitation services must be continued with the previously agreed upon or appointed vocational rehabilitation counselor.

b. If the request is approved by the specialist, the specialist will notify all parties and the current counselor of the approval and the reasons for approving the requested change.

B. Following receipt of notification from the court that the request for change in vocational rehabilitation counselor has been approved, the procedures and requirements of Rules 42,A and 42,B shall apply.

C. Once a change of vocational rehabilitation counselor has been accomplished, the previous vocational rehabilitation counselor shall provide any and all pertinent information in the previous vocational rehabilitation counselor's possession to the newly appointed vocational rehabilitation counselor except for such information that may be legally considered proprietary in nature.

Sections 48-162.01, 48-163, R.R.S. 2021.

Neb. Work. Comp. Ct. 43

Effective date:12/17/2020.