Ohio Admin. Code 4123-18-04 - Living maintenance allowance
The bureau shall
If salary continuation is offered by the employer of record, an
injured worker maintains the right to choose to receive either salary
continuation or living maintenance during vocational rehabilitation. However,
if temporary total or living maintenance has been paid in the claim, the
injured worker shall
The injured worker, the employer, or their representatives may
make a request to the shall
shall
However, the bureau may resume living maintenance payments if the injured worker subsequently stops working while the vocational rehabilitation assessment plan or comprehensive vocational rehabilitation plan is still open and the injured worker resumes services in said plan.
The termination of living maintenance
shall
Notes
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4121.30, 4121.31, 4123.05
Rule Amplifies: 4121.61, 4121.62, 4121.63, 4121.66
Prior Effective Dates: 07/10/1980, 12/07/1982, 12/03/1992, 01/01/2001, 11/05/2009, 09/01/2014, 10/07/2019, 08/01/2020
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The bureau shall make living maintenance payments from the surplus fund to an injured worker approved to participate in vocational rehabilitation pursuant to rule 4123-18-03 of the Administrative Code, in accordance with the criteria set forth in this rule. Living maintenance payments are compensation under Chapters 4121. and 4123. of the Revised Code.
If salary continuation is offered by the employer of record, an injured worker maintains the right to choose to receive either salary continuation or living maintenance during vocational rehabilitation. However, if temporary total or living maintenance has been paid in the claim, the injured worker shall be paid living maintenance when participating in an approved vocational rehabilitation assessment plan or comprehensive vocational rehabilitation plan. Whenever salary continuation is paid by the employer, it must be paid at the injured worker's regular (full) salary level.
The injured worker, the employer, or their representatives may make a request to the MCO for a medical hold. The MCO shall forward the request, along with any necessary information, to the bureau. The bureau shall determine whether, based on adequate medical documentation, the injured worker's vocational rehabilitation plan should be closed with a medical hold.
However, the bureau may resume living maintenance payments if the injured worker subsequently stops working while the vocational rehabilitation assessment plan or comprehensive vocational rehabilitation plan is still open and the injured worker resumes services in said plan.
The termination of living maintenance shall not affect an injured worker's right to compensation or benefits under the Revised Code for which the injured worker otherwise qualifies.
Notes
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4121.30, 4121.31, 4123.05
Rule Amplifies: 4121.61, 4121.62, 4121.63, 4121.66
Prior Effective Dates: 07/10/1980, 12/07/1982, 12/03/1992, 01/01/2001, 11/05/2009, 09/01/2014, 10/07/2019