W. Va. Code R. § 85-15-12

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 85-15-12 - Employer-Preferred Vocational Rehabilitation Services

12.1. Prior to termination of the Commission, any employer who desires to contract directly with one or more preferred vocational rehabilitation providers to provide vocational rehabilitation services to its injured workers and require its employees to use the preferred provider(s), shall notify the Commission of its contract and designation on forms prescribed by the Commission. Such selected providers must be registered with the Commission as required by Section 85-15-9. Notwithstanding the employer's ability to select a preferred provider, the Commission shall remain the sole referral authority. An employer may identify to the Commission claimants whom it wants to be considered for rehabilitation services.

a. Upon motion by the injured worker or the employer, or upon its own initiative, the Commission may, with a showing of just cause, assign or reassign the injured worker to a qualified rehabilitation provider other than the provider designated by the employer. Such cause might include, but not be limited to, past or present family or social relationships between the injured worker and the employer's preferred rehabilitation services provider, common financial interests between the injured worker and the employer's preferred rehabilitation services provider, or evidence that the rehabilitation process or provider is not in compliance with this rule.

b. All preferred vocational rehabilitation providers shall comply with this Rule and Commission's established guidelines, rules, regulations, and policies. Additionally, all preferred vocational rehabilitation providers shall utilize all reporting forms and reporting processes adopted by the Commission.

c. A vocational rehabilitation provider must be in good standing with the Commission in order to be designated an/or maintain its designation as a preferred provider. Additionally, the preferred provider shall adhere to the Commission's fee schedule for reimbursement of expenses and any expenses which exceed the fee schedule shall be the sole responsibility of the employer.

12.2. Upon termination of the Commission, private carriers, who provide workers' compensation insurance to an employer, are not obligated to accept contracts with the employer's preferred vocational rehabilitation providers.

W. Va. Code R. § 85-15-12