If the insurer and employee fail to agree to a vocational rehabilitation program, employee may apply to the Office of Education and Vocational Rehabilitation (OEVR) for services. If the Office determines vocational rehabilitation is necessary and feasible, it shall promptly develop, after such consultation as it judges reasonable with the employee and insurer, an appropriate program of no greater than one hundred and four weeks for the employee (consecutive calendar weeks).
The commissioner shall provide by rule for efficient procedures and quality controls in the Office's management of such programs, which may be carried out under contract by private rehabilitation services providers. If, upon completion of the program, the office determines that the program was successful and returned the employee to suitable employment, it shall assess the insurer no less than twice the cost incurred by the Office and such assessment shall be paid into said trust fund. The insurer may contest any aspect of the assessment by filing a complaint with the division of dispute resolution. The injured employee shall not be a party to such proceedings. (No change).
A public employer or public employer insurance group filed notice of non-participation under § 65, and which has appealed the determination of OEVR shall be bound by the decision of Commissioner and if required by such decision, shall provide the vocational rehabilitation program developed by the Office. Decision shall be enforceable in same manner as an order pursuant to § 12.