1. (a) This section applies to individuals who, before June 23, 2007, conducted earning power assessment interviews under section 306(b) of the act (77 P. S. § 512). These individuals continue to meet the minimum qualifications established under section 306(b) if they possess one of the following:

   1. (1) Both of the following:

      1. (i) Certification by one of the following Nationally recognized professional organizations:

         1. (A) The American Board of Vocational Experts.
         2. (B) The Commission on Rehabilitation Counselor Certification.
         3. (C) The Commission on Disability Management Specialists Certification.
         4. (D) The National Board of Certified Counselors.
         5. (E) Other Nationally recognized professional organizations, published by the Department in the Pennsylvania Bulletin.

      2. (ii) One year experience in analyzing labor market information and conditions, industrial and occupational trends, with primary duties providing actual vocational rehabilitation services, which include the following:

         1. (A) Job seeking skills.
         2. (B) Job development.
         3. (C) Job analysis.
         4. (D) Career exploration.
         5. (E) Placement of individuals with disabilities.
         6. (F) Vocational testing and assessment.
   2. (2) Certification by a Nationally recognized professional organization specified in paragraph (1)(i) under the direct supervision of an individual possessing the criteria in paragraph (1).
   3. (3) Possession of a Bachelor’s degree or a valid license issued by the Department of State’s Bureau of Professional and Occupational Affairs, as long as the individual is under the direct supervision of an individual possessing the criteria in paragraph (1).

   4. (4) At least 5 years experience primarily in the workers’ compensation field prior to August 23, 1996, as a vocational evaluator, with experience in analyzing labor market information and conditions, industrial and occupational trends, with primary duties providing actual vocational rehabilitation services, which include, but are not limited to, the following:

      1. (i) Job seeking skills.
      2. (ii) Job development.
      3. (iii) Job analysis.
      4. (iv) Career exploration.
      5. (v) Placement of individuals with disabilities.
2. (b) Individuals meeting the minimum qualifications under subsection (a) are approved to conduct earning power assessment interviews under section 449 of the act (77 P. S. § 1000.5).

Source

The provisions of this § 123.202 adopted January 16, 1998, effective January 17, 1998, 28 Pa.B. 329; amended July 13, 2001, effective July 14, 2001, 31 Pa.B. 3841; amended June 22, 2007, effective June 23, 2007, 37 Pa.B. 2804. Immediately preceding text appears at serial pages (309341) to (309342).

Cross References

This section cited in 34 Pa. Code § 123.203 (relating to role of workers’ compensation judges).