1. (1) An injured worker is eligible for SAW/RTW assistance upon receipt by the department of a request for assistance from the injured worker, employer or health care provider.

2. (2) When the department is unable to identify the insurer within three business days of receiving a request for SAW/RTW assistance, the department shall provide assistance to the injured worker. When the department identifies the at-risk insurer after the department has initiated assistance, the department shall continue to provide SAW/RTW services to the injured worker when the insurer declines to provide SAW/RTW assistance or fails to respond to department notice of the initiation of services. The department shall provide services until it:

   1. (a) terminates SAW/RTW services to the injured worker upon notice of insurer denial of liability for the claim;
   2. (b) terminates SAW/RTW services to the injured worker upon exhaustion of the maximum allowed provider fees, as provided in ARM 24.29.1815; or
   3. (c) transfers responsibility for the delivery of SAW/RTW assistance to the insurer upon notice of the insurer's acceptance of liability for the claim.

3. (3) When the department provides SAW/RTW assistance, the department shall assign a vocational rehabilitation counselor to each eligible injured worker to provide services which may include, but are not limited to, the following:

   1. (a) personal contact with injured worker to assess the worker's commitment and ability to stay at or return to work;
   2. (b) identification of barriers to the injured worker staying at or returning to work;
   3. (c) review of the injured worker's medical status form to ensure worker's understanding of work abilities and restrictions;
   4. (d) personal contact with injured worker's employer to establish employer's ability to provide transitional employment that meets injured worker's abilities, as outlined by the medical status form;
   5. (e) facilitation of communication between injured worker and employer regarding offer and acceptance of transitional employment;
   6. (f) communication with injured worker's treating physician or designee regarding the assessment and approval of transitional employment when approval is not explicitly provided by medical status form;
   7. (g) verification that duties assigned by employer to injured worker during transitional employment conform with abilities outlined by the medical status form;
   8. (h) identification of concerns of the injured worker and employer and problem-solving throughout the process of establishing transitional employment; and
   9. (i) monitoring injured worker's readiness and ability to return to time of injury job and providing appropriate interventions as needed.
4. (4) The department shall provide written notice to the injured worker, employer and insurer, if identified, when a vocational rehabilitation counselor is assigned by the department to provide SAW/RTW services to an injured worker. The notice shall be mailed within three business days of the assignment of a vocational rehabilitation counselor.
5. (5) The department shall provide written notice to the injured worker, employer and insurer of the completion of department-provided SAW/RTW assistance within three business days of the completion of services.

Authorizing statute(s): 39-71-203, 39-71-1051, MCA

Implementing statute(s): 39-71-105, 39-71-1031, 39-71-1041, 39-71-1042, 39-71-1043, MCA

History: NEW, 2012 MAR p. 1357, Eff. 7/13/12.