Montana Code 39-71-1043. Rehabilitation provider — evaluation
39-71-1043. Rehabilitation provider — evaluation. (1) Stay-at-work/return-to-work assistance must be provided by a rehabilitation provider pursuant to this section if:
Terms Used In Montana Code 39-71-1043
- assistance: means the evaluation, planning, implementation, and provision of appropriate services prior to the determination that the worker meets the definition of a disabled worker that are designed to facilitate a worker's return to work as soon as possible following the worker's injury or occupational disease. See Montana Code 39-71-1011
- assistance policy: means a written stay-at-work/return-to-work policy that explains to the worker the process of evaluation, planning, implementation, and provision of services by the insurer prior to the determination that the worker meets the definition of a disabled worker. See Montana Code 39-71-1011
- Disabled worker: means a worker who has a permanent impairment, established by objective medical findings, resulting from a work-related injury that precludes the worker from returning to the job the worker held at the time of the injury or to a job with similar physical requirements and who has an actual wage loss as a result of the injury. See Montana Code 39-71-1011
- Rehabilitation plan: means a written individualized plan that assists a disabled worker in acquiring skills or aptitudes to return to work through job placement, on-the-job training, education, training, or specialized job modification and that reasonably reduces the worker's actual wage loss. See Montana Code 39-71-1011
- Rehabilitation provider: means a rehabilitation counselor certified by the commission on rehabilitation counselor certification and designated by the insurer. See Montana Code 39-71-1011
- worker: means :
(a)each person in this state, including a contractor other than an independent contractor, who is in the service of an employer, as defined by 39-71-117, under any appointment or contract of hire, expressed or implied, oral or written. See Montana Code 39-71-118
(a)the department provides assistance; or
(b)an insurer elects to designate a rehabilitation provider instead of using the insurer’s own stay-at-work/return-to-work assistance policy.
(2)(a) The rehabilitation provider shall evaluate and determine the stay-at-work/return-to-work capabilities of the worker pursuant to the stay-at-work/return-to-work goals listed in 39-71-1041.
(b)If the worker has returned to work, the rehabilitation provider shall provide documentation of the assistance to the worker, the insurer, and the department.
(c)If the worker has not returned to work and has not received a job offer to return to work, the rehabilitation provider shall document the reasons the stay-at-work/return-to- work assistance was unsuccessful. The documentation must be provided to the worker, the insurer, the treating physician, and the department.
(d)The following conditions allow termination of assistance prior to the time a worker meets the definition of a disabled worker:
(i)the worker has returned to work earning wages that are at least as much as at the time of injury;
(ii)the worker has received an offer to return to work at a position that is within the worker’s physical abilities, for which the worker is qualified, and for which the wages are at least equal to the worker’s wages at the time of injury;
(iii)the worker has returned to work in an alternative position that pays less than the worker’s wages at the time of injury and that qualifies the worker for temporary partial disability benefits pursuant to 39-71-712; or
(iv)the worker receives a job offer to return to work in a position that is within the worker’s physical abilities, for which the worker is qualified, for which the wages are less than the worker’s wages at the time of injury, and that qualifies the worker for temporary partial disability benefits under 39-71-712.
(e)If a worker has requested stay-at-work/return-to-work assistance and a rehabilitation plan has been agreed to by the worker and the insurer, the plan continues until completed.
(3)If the worker or insurer disputes the availability or level of assistance, the worker or insurer may, after mediation, petition the workers’ compensation court for resolution of the dispute.