Haw. Code R. § 12-14-23 - Responsibility
(a) The employee in accordance with section
386-25,
HRS, and within the limits established by section 12-14-36, initially may
select and initiate services with any one certified rehabilitation provider as
established in section 12-14-16. All subsequent changes or transfers of
provider shall be in accordance with section 12-14-52.
(b) Based on sources such as physicians'
medical reports and recommendations by hearings officers, employers, insurance
carriers, and others, the director may as expeditiously as possible identify
employees who may need vocational rehabilitation and refer these employees to a
provider unless the director, in accordance with section 12-14-46, certifies
that it is not feasible to rehabilitate the employee.
(c) Within one hundred twenty days from the
date of injury, based on a physician's medical report and other information,
the employer shall provide information on the employee's rights to vocational
rehabilitation, instructions on how to select a vocational rehabilitation
provider, an employee selection form and a list of current certified vocational
rehabilitation providers to the employee. The employee shall have thirty
calendar days from the date the employer provides the information to the
employee to make a selection. If the employee fails to select, the employer may
request a referral from the director.
(d) Upon the employee's selection of a
provider of vocational rehabilitation services, the provider has seven calendar
days to submit in writing, notification of employee's selection by submittal of
the employee selection form to the employer, employee and the director. The
employee selection form shall include the employee's name and address,
department's workers' compensation case number, employer's name, and the name
of the selected provider.
(e)
Employers may, within ten calendar days from the postmark date of the employee
selection form, challenge an employee's eligibility for vocational
rehabilitation benefits by filing written notice to the director, employee and
provider, defining the employer's justification for non-eligibility. The front
page of the objection shall be clearly identified as an "ELIGIBILITY FOR
VOCATIONAL REHABILITATION OBJECTION" in capital letters in no less than ten
point type and may include a copy of the envelope showing postmark
date.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.