Fla. Admin. Code Ann. R. 69L-22.006 - Screening Process
(1) A request for
screening must be made using Form DFS-F3-DWC-23, Request for Screening, as
incorporated by reference in Rule
69L-22.011, F.A.C. Before the
Department will consider a request complete and initiate a screening, the
injured employee must:
(a) Complete, sign and
submit Form DFS-F3-DWC-23, Request for Screening;
(b) Complete, sign and submit Form
DFS-F3-DWC-27, Reemployment Services Questionnaire, as incorporated by
reference in Rule 69L-22.011, F.A.C.;
(c) Provide documentation to establish
identity and employment eligibility. Such documentation shall be consistent
with the acceptable documents for verifying identity and employment eligibility
as required by the U.S. Department of Homeland Security, U.S. Citizenship and
Immigration Services' Form I-9, Employment Eligibility Verification (Effective
10/21/19), which is incorporated by reference herein and available at
http://www.myfloridacfo.com/Division/wc/
or http://www.flrules.org/Gateway/reference.asp?No=Ref-15498.
(d) Provide the most current DFS-F5-DWC-25,
Florida Workers' Compensation Uniform Medical Treatment/Status Report Form, as
incorporated by reference in Rule
69L-7.720, F.A.C., from all
authorized treating physicians.
(2) An injured employee may submit an
electronic Request for Screening and Reemployment Services Questionnaire
through the Injured Employee Web Portal located on the internet at
https://wcres.fldfs.com/resportal/ieweb/ielogin.aspx.
An electronically submitted Request for Screening and Reemployment Services
Questionnaire shall be considered electronically signed by the injured
employee.
(3) The screening process
shall consist of:
(a) A review of all
available medical and vocational documentation relevant to the compensable
injury to determine whether the injured employee is able to perform the duties
of the pre-injury occupation;
(b) A
review of the documentation which supports the payment of temporary partial
disability and wage loss benefits to determine the injured employee's inability
to obtain suitable gainful employment because of his or her injury;
(c) An interview with the injured employee;
and,
(d) A vocational assessment.
The vocational assessment shall determine the relevance and weight of the
following factors in the case: the permanent physical restrictions, if any,
present in the case; the availability of employment with the employer at the
time of the injury; the injured employee's transferable skills and the labor
market; whether the injured employee conducted an unsuccessful job search, and
the reasons the job search was unsuccessful; the injured employee's education
and academic skills and vocational education; the injured employee's
motivation; the injured employee's financial ability to complete a training and
education program; and the availability of transportation to allow the injured
employee to complete a training and education program. The vocational
assessment shall determine whether the injured employee is eligible or
ineligible to receive reemployment services. If the injured employee is
eligible to receive reemployment services, the vocational assessment shall
determine which of the following shall be offered to the injured employee: job
placement assistance, on-the-job training, a vocational evaluation, or a
training and education program costing less than $2,500 and lasting twelve (12)
months or less.
(4) A
rehabilitation provider performing vocational assessments shall:
(a) Conduct an initial interview with the
injured employee within seven (7) days of accepting the referral;
(b) Submit to the Department within thirty
(30) calendar days of the initial interview a written report which shall
address each of the vocational assessment factors enumerated above and discuss
how the provision of the recommended service(s) will facilitate
reemployment;
(c) Conduct an exit
interview with the injured employee; and,
(d) Submit to the Department, within ten (10)
days of submission of the written report, a signed statement affirming the
rehabilitation provider has discussed the results of the vocational assessment
with the injured employee.
(5) The carrier shall provide, within 10
business days of receipt of a request from the Department, any medical,
vocational, and other requested documents or reports related to the injured
employee's workers' compensation claim.
(6) The Department may request the
information directly from the authorized treating physician(s), or
rehabilitation provider(s).
(7) The
Department may provide the following vocational assessment services as part of
the screening process to determine eligibility: orientation, employability
skills training, counseling, vocational testing, transferable skills analysis,
labor market surveys, vocational assessment services, job analysis and
evaluation.
(8) The Department
shall not provide any reemployment services, including a vocational evaluation
unless the injured employee provides documentation to establish identity and
employment eligibility. Such documentation shall be consistent with the
acceptable documents for verifying identity and employment eligibility as
required by the Department of Homeland Security, U.S. Citizenship and
Immigration Services' Form I-9, Employment Eligibility Verification, which is
incorporated by reference in this Rule.
(9) The Department shall not provide a
vocational evaluation or any reemployment services when form DFS-F3-DWC-23,
Request for Screening, and all documents specified in subsection
69L-22.006(1),
F.A.C., are received by the Department more than one (1) year from the date of
last payment of indemnity benefits or the furnishing of remedial treatment,
care, or attendance from the employer or carrier.
(10) Following a Department screening the
Department shall not provide any additional reemployment services or refer the
injured employee for a vocational evaluation:
(a) If the injured employee's medical
condition is unresolved or unstable, until such time as the medical condition
becomes stable;
(b) If the injured
employee has reached maximum medical improvement and returned to and maintained
suitable gainful employment for at least ninety (90) calendar days;
or
(c) If the injured employee
refuses to accept reemployment services from the
Department.
(11) The
Department shall not refer the injured employee for a vocational evaluation if
the injured employee:
(a) Has returned to
suitable gainful employment as a result of placement services provided by the
Department;
(b) Has no documented
permanent physical restrictions related to the injury;
(c) Has transferable skills which would allow
the injured employee to return to suitable gainful employment;
(d) Was terminated by the employer for good
cause unrelated to the injury or any restrictions or limitations resulting
therefrom;
(e) Terminated suitable
gainful employment for reasons unrelated to the injury; or
(f) Refused an offer of employment within the
injured employee's functional limitations and restrictions, and such employment
would pay at least eighty percent (80%) of the compensation
rate.
Notes
Rulemaking Authority 440.491, 440.591 FS. Law Implemented 440.491 FS.
New 7-1-96, Amended 6-26-01, Formerly 38F-55.009, Amended 5-5-04, 5-7-09, Formerly 6A-22.006, Amended 3-31-14, 5-9-16, 9-6-23.
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