OAR 436-120-0175
Redetermining Eligibility for Vocational Assistance

If a worker was previously determined ineligible for vocational assistance or the worker’s eligibility for vocational assistance ended, the insurer must redetermine eligibility within 30 days of notification of a change of any of these circumstances:

(1)

The worker, for reasonable cause, was unavailable for vocational assistance and is now available;

(2)

The worker’s lack of suitable employment could not be resolved by providing vocational assistance. The insurer may require the worker to provide evidence that circumstances have changed;

(3)

The worker declined vocational assistance to accept modified or new employment that resulted from an employer at injury activated use of preferred worker benefits under OAR 436-110. If the job was not suitable, the worker must request redetermination within 30 days of termination of the employment for which preferred worker benefits were provided;

(4)

The worker was not available for vocational assistance in Oregon or within commuting distance of Oregon. The worker must request redetermination within six months of receiving the insurer’s notice that he or she was not eligible for this reason;

(5)

The worker, who was not authorized to work in the United States, is now authorized to work in the United States. Within six months of the date of the worker’s receipt of the insurer’s notice of ineligibility or end of eligibility, the worker must:

(a)

Request redetermination; and

(b)

Submit evidence to the insurer that the worker has applied for authorization to work in the United States and is awaiting a decision by the U.S. Citizenship and Immigration Services (USCIS). The worker must provide the insurer with a copy of any decision by the USCIS within 30 days of receipt. The insurer must redetermine eligibility upon receipt of documentation of the worker’s authorization to work in the United States;

(6)

Before claim closure, the worker’s limitations due to the injury became more restrictive;

(7)

Before claim closure, the insurer accepts a new condition that was not considered in the original determination of the worker’s eligibility; or

(8)

The worker’s average weekly wage is redetermined and increased.

Source: Rule 436-120-0175 — Redetermining Eligibility for Vocational Assistance, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-120-0175.

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 436-120-0175’s source at or​.us