OAR 436-120-0145
Vocational Assistance Eligibility

(1)

A worker whose permanent total disability benefits have been terminated by a final order is eligible for vocational assistance.

(2)

A worker is eligible for vocational assistance if all of the following conditions are met:

(a)

The worker is authorized to work in the United States;

(b)

The worker is available in Oregon or within commuting distance of Oregon, unless:

(A)

The worker states in writing that within 30 days of being determined eligible for vocational assistance the worker will move back to Oregon, or within commuting distance of Oregon, at the worker’s expense;

(B)

The worker did not work and live in Oregon at the time of the injury;

(C)

The worker needs to live outside of Oregon due to financial hardship, family circumstances over which the worker has no control, or other similar situation; or

(D)

The training program or supporting labor market for a specific vocational goal is only available outside of Oregon;

(c)

As a result of the limitations caused by the injury or aggravation, the worker:

(A)

Is not able to return to regular employment;

(B)

Is not able to return to suitable and available work with the employer at injury or aggravation; and

(C)

Has a substantial handicap to employment and requires assistance to overcome that handicap;

(d)

The worker was not employed in suitable employment for at least 60 days after the injury or aggravation;

(e)

The worker did not refuse or fail to make a reasonable effort in available light-duty work intended to result in suitable employment. Before finding the worker ineligible, the insurer must document the existence of one or more suitable jobs that would be available for the worker after completion of the light-duty work. If the employer at injury offers such employment to a worker who is not medically stationary, the offer must be made in accordance with OAR 436-060-0030 (Payment of Temporary Partial Disability Compensation);

(f)

The worker is available for vocational assistance. If the worker is not available, the insurer must determine if the reasons are for reasonable or unreasonable cause before finding the worker ineligible. If the reason was for incarceration, this reason must be stated in the notice to the worker. Declining vocational assistance to accept modified or new employment that results from an employer at injury activated use of the Preferred Worker Program, under OAR 436-110, is reasonable cause; and

(g)

The worker did not refuse or otherwise relinquish his or her rights to vocational assistance in writing.

(3)

Individuals covered under ORS 656.033 (Coverage for participants in work experience or school directed professional training programs), 656.046 (Coverage of persons in college work experience and professional education programs), 656.135 (Coverage of deaf school work experience trainees), or 656.138 (Coverage of apprentices, trainees participating in related instruction classes) (work experience program participants, apprentices, trainees), are eligible for vocational assistance if they otherwise meet the eligibility requirements in section (2) of this rule. For purposes of vocational assistance:

(a)

The employer at injury is the district, college, or school conducting the program or project in which the individual was injured;

(b)

Regular employment is the job for which the individual was being trained at the time of the injury; and

(c)

The assumed wage upon which premium was based, but in no event less than minimum wage, should be used to determine suitable wage under OAR 436-120-0147 (Establishing the Adjusted Weekly Wage).

(4)

The worker must participate in the vocational assistance process and must provide relevant information. If the worker does not participate, or fails to provide relevant information, the insurer must issue a written warning before finding the worker ineligible under this rule.

(5)

The worker must not misrepresent a matter material to evaluating eligibility.

Source: Rule 436-120-0145 — Vocational Assistance Eligibility, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-120-0145.

436‑120‑0003
General Provisions 436‑120‑0005
Definitions 436‑120‑0008
Administrative Review and Hearings 436‑120‑0012
General Requirements For Notices and Warnings 436‑120‑0115
Vocational Eligibility Evaluation 436‑120‑0117
Deferral of Eligibility Evaluation 436‑120‑0145
Vocational Assistance Eligibility 436‑120‑0147
Establishing the Adjusted Weekly Wage 436‑120‑0157
Determining Substantial Handicap to Employment 436‑120‑0165
End of Eligibility for Vocational Assistance 436‑120‑0175
Redetermining Eligibility for Vocational Assistance 436‑120‑0177
Selection of Category of Vocational Assistance 436‑120‑0185
Choosing a Counselor 436‑120‑0187
Optional Services 436‑120‑0197
Direct Employment 436‑120‑0410
Determining a Vocational Goal 436‑120‑0443
Training — General 436‑120‑0445
Training Requirements 436‑120‑0500
Training: Development and Implementation 436‑120‑0510
Training Plan Support 436‑120‑0520
Responsibilities of the Worker and the Counselor 436‑120‑0523
Re-evaluating a Training Plan 436‑120‑0527
Ending a Training Plan 436‑120‑0530
Director Review of Return-to-Work Plan 436‑120‑0700
Direct Worker Purchases 436‑120‑0710
Direct Worker Purchases: Categories 436‑120‑0720
Fee Schedule 436‑120‑0755
Reimbursement from the Workers’ Benefit Fund 436‑120‑0800
Registration of Providers 436‑120‑0810
Certification and Classification of Provider Staff 436‑120‑0820
Renewal of Certification 436‑120‑0840
Professional Standards for Providers and Counselors 436‑120‑0900
Audits, Penalties and Sanctions 436‑120‑0915
Sanctions of Providers and Counselors
Last Updated

Jun. 8, 2021

Rule 436-120-0145’s source at or​.us