(a) When the injured employee, on the date of such determination, is participating in a vocational rehabilitation program initiated by the insurer, OEVR shall require that the individual written rehabilitation program be sent to OEVR and to any person participating in the implementation of the program. OEVR shall either approve or disapprove the program within ten calendar days from the date of receipt of the program. Any comments on the program shall be submitted by participants to OEVR within seven calendar days of date of OEVR's receipt of the program.
(b) When the injured employee, on the date of such determination, is not participating in a vocational rehabilitation program initiated by the insurer, OEVR will contact the insurer and request that the insurer provide rehabilitation services to the injured employee through an approved provider as outlined in 452 CMR 4.03. In selecting a provider, OEVR shall consider such matters as: the home address of the injured employee, the business address of the provider, the service specialties, if any, of the provider, the experience of the provider, and the current caseload of the provider. In the event that the injured employee disapproves of the rehabilitation services planned for him or her by the insurer, no such IWRP shall be approved by OEVR until a representative of the insurer authorized to approve expenditures for rehabilitation, the rehabilitation provider, and the injured employee have met with OEVR and agreed on the employment goal, the scope of services, and the cost of the program.
(c) When the insurer, rehabilitation provider, and injured employee fail to agree on the implementation of a program pursuant to 452 CMR 1.06(1)(b), an individual written rehabilitation program shall be designed by a selected rehabilitation provider in accordance with OEVR specifications. The cost of such a program shall be assumed by the Workers' Compensation Trust Fund under MGL c. 152, § 65(2)(d) and the insurance company will be assessed pursuant to MGL c. 152, § 30H upon the attainment of a successful rehabilitation as defined in 452 CMR 4.02.
(2) Vocational rehabilitation services set out in an individual written rehabilitation program may include, but need not to be limited to:
(a) vocational assessment;
(b) work evaluation;
(c) job analysis;
(d) job modification;
(e) vocational counseling;
(f) job placement and follow-up;
(g) on the job training; or
(3) In establishing the employment goal of the individual written rehabilitation program, the participants shall give priority to returning the injured employee to employment with the pre-injury employer in the pre-injury job, or in said job modified to accommodate the injured employee's residual impairments. In the event that the injured employee's functional limitations or constraints of the local labor market preclude return to the pre-injury job, then the participants shall establish an employment goal appropriate to such injured employee's pre-injury wage, transferable skills, and employment history.
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