141.1 A claimant with a permanent or temporary disability that is compensable under the Act shall undergo vocational rehabilitation at the direction of the Program for a period not to exceed ninety (90) days.

141.2 After the ninety (90) day period has expired, the vocational rehabilitation services may be extended, at the discretion of the Program, for good cause shown, for incremental periods of ninety (90) days, not to exceed one (1) year from the initiation of the initial vocational rehabilitation plan. The term “good cause,” as used in this section, means that:

(a) There is evidence that the claimant’s medical condition is improving;

(b) The Program or case worker has identified viable job opportunities for the claimant; or

(c) There is evidence that continuation of participation in vocational rehabilitation is likely to result in the employment of the claimant.

141.3 While undergoing Vocational Rehabilitation at the direction of the Program, the claimant shall continue to receive monthly monetary compensation calculated pursuant to § 129 of this chapter, less the amount of any earnings received from remunerative employment other than employment undertaken pursuant to such rehabilitation.

141.4 The claimant shall furnish the Program with an affidavit of earnings pursuant to § 138 on a monthly basis to enable the Program to calculate the claimant’s outside earnings for an off-set against compensation received consistent with § 141.3 of this chapter.

141.5 If a claimant hired on or after January 1, 1980, without good cause fails to undergo vocational rehabilitation when so directed by the Program, the claimant’s right to compensation under this chapter shall be suspended until the non-compliance ceases. Failure to undergo vocational rehabilitation shall include failure to attend meetings with the vocational rehabilitation case worker, failure to apply for jobs that have been identified for the claimant, or failure to otherwise participate in good faith in the job application process.

141.6 Written notice prior to suspension need not be given when an employee’s benefits are suspended pursuant to this section.

141.7 The Program may enter into a working agreement with vocational counselors and organizations to provide vocational rehabilitation services to claimants. Each such

agreement shall set forth terms and conditions necessary to ensure appropriate service, including fee and payment guidelines.

SOURCE: Final Rulemaking published at 28 DCR 2307 (May 22, 1981); as amended by Emergency and Proposed Rulemaking published at 57 DCR 9540 (October 8, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 12224, 12229 (December 24, 2010); as amended by Final Rulemaking published at 59 DCR 8766, 8771 (July 27, 2012); as amended by Final Rulemaking published at 64 DCR 6325 (July 7, 2017); as amended by Final Rulemaking published at 66 DCR 4246 (April 5, 2019).