OAR 436-120-0177
Selection of Category of Vocational Assistance

(1)

The insurer must select one of the following categories of vocational assistance before referring a worker to a counselor:

(a)

Direct employment services, if the worker has the necessary transferable skills to obtain suitable new employment.

(b)

Training, if the worker needs training in order to return to employment that pays a wage significantly closer to 100 percent of the adjusted weekly wage. “Significantly closer” may vary depending on several factors, including, but not limited to: the worker’s wage at injury, adaptability, skills, geographic location, limitations, and the potential for the worker’s income to increase with time as the result of training.

(2)

The insurer must notify the worker of the category selection and the reason for the selection in the NOTICE OF ELIGIBILITY FOR VOCATIONAL ASSISTANCE issued under OAR 436-120-0115 (Vocational Eligibility Evaluation)(9).

(3)

The insurer must reconsider the category of vocational assistance within 30 days of the insurer’s knowledge of a change in circumstances including, but not limited to:

(a)

A change in the worker’s permanent limitations;

(b)

A change in the labor market; or

(c)

The category of vocational assistance proves to be inappropriate.

(4)

The insurer must notify the worker within five days if the reconsideration under section (3) results in a change in the vocational assistance category.

Source: Rule 436-120-0177 — Selection of Category of Vocational Assistance, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-120-0177.

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 436-120-0177’s source at or​.us