1. (1) Eligibility. A worker who is not authorized to work in the United States is only eligible for limited training. The worker must meet all eligibility requirements under OAR 436-120-0145.

2. (2) Limited training plan requirements and benefits.

   1. (a) A limited training plan must meet all requirements and comply with limitations specified under OAR 436-120-0443, 436-120-0445, 436-120-0500, and 436-120-0510, unless otherwise specified under section (3) of this rule.
   2. (b) A limited training plan includes the vocational assistance specified under OAR 436-120-0443, 436-120-0445, 436-120-0500, and 436-120-0510, unless excluded under section (3) of this rule.
   3. (c) OAR 436-120-0520, 436-120-0523, 436-120-0527, and 436-120-0720 apply to limited training plans.

3. (3) Limited training plan exclusions.

   1. (a) Limited training may not include any of the following:

      1. (A) On-the-job training;
      2. (B) Direct employment services;
      3. (C) Job placement services;
      4. (D) Return-to-work monitoring under OAR 436-120-0443(17); or
      5. (E) Return-to-work services under OAR 436-120-0500(6).
   2. (b) OAR 436-120-0197(1)(e) does not apply when a worker completes a limited training plan.
4. (4) Re-evaluation of limited training plan. The insurer must reconsider the category of vocational assistance under OAR 436-120-0177(3) if the worker becomes authorized to work in the United States before or during a limited training plan. A worker who is authorized to work in the United States is eligible for direct employment services or training.

Statutory/Other Authority

656.340(9) & 656.726(4)

Statutes/Other Implemented

656.340

History

WCD 15-2024, adopt filed 06/07/2024, effective 07/01/2024