The cost of Vocational Rehabilitation Services (vocational counseling and testing, job seeking, job placement, job modification, etc. cannot be made part of your Lump Sum Settlement. As the Workers' Compensation Statute clearly states, if at any time you decide to settle your case "said agreement [to settle] shall not redeem liability for the payment of medical benefits or vocational benefits with respect to [your] injury." MGL c. 152 § 48(2).
Moreover, "[n]o lump sum settlement shall be reached between an insurer and employee who has been deemed suitable for vocational rehabilitation services by the office of education and vocational rehabilitation who has not completed an approved vocational rehabilitation program . . .. without the expressed written consent of such office." MGL c. 152 §§ 30G, 48(3) "Any employee who receives an amount in violation [i.e. § 48(3) without consent of the office of education and vocational rehabilitation consent], shall have the right to re-open his or her claim for compensation." Id.
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