OAR 436-120-0500
Training: Development and Implementation

(1)

Collaborative effort. A training plan should be a collaborative effort between the counselor and the worker and should include all the rights and responsibilities of the worker, the insurer, and the counselor.

(2)

Review of the plan. Before submitting the plan to the insurer, the counselor must review the plan and plan support with the worker. The worker must have the opportunity to review the plan with the worker’s attorney, if any, before signing it. The counselor must confirm the worker’s understanding of and agreement with the plan by obtaining the worker’s signature.

(3)

Copies of plan. The counselor must submit copies of the plan, signed by the counselor and the worker, to all parties.

(4)

Plan approval or disapproval. Within 14 days of receipt of the signed training plan, the insurer must approve or disapprove the plan and notify the parties.

(a)

If the insurer does not have enough information to approve or disapprove the training plan, the insurer must advise the parties what information is needed and when the insurer expects to make a decision.

(b)

If the insurer disapproves the training plan, the insurer must issue a NOTICE OF DISAPPROVAL OF TRAINING PLAN, which must explain why the plan is disapproved.

(5)

Conference. If the insurer does not approve a training plan within 90 days of determining the worker is entitled to a training plan, the insurer must contact the division within five days to schedule a conference.

(a)

The purpose of the conference will be to identify and remove all obstacles to plan completion and approval.

(b)

The insurer, the worker, the counselor, and any other parties involved in the process must attend the conference.

(c)

The conference may be postponed for a period of time agreeable to the parties.

(d)

The insurer or the worker may request a conference if other delays in the vocational rehabilitation process occur.

(6)

Job offer during plan development. If, during development of a training plan, an employer offers the worker a job, the insurer must perform a job analysis, obtain approval from the attending physician, verify the suitability of the wage, and confirm the offer is for a bona fide, suitable job. If the job is suitable, the insurer must help the worker return to work with the employer. The insurer must provide return-to-work follow-up during the first 60 days after the worker returns to work. If return to work with the employer is not feasible or, during the 60-day follow-up the job proves unsuitable, the insurer must immediately resume development of the training plan.

(7)

Plan amendments.

(a)

If the vocational goal is later changed, the insurer must amend the training plan. All amendments to the plan must be initialed by the insurer, counselor, and the worker.

(b)

If the insurer amends a proposed plan, the insurer must indicate what the changes are and why they are necessary.

(8)

Reporting to the director. The training plan and any amendments must be submitted to the division using Form 1081, “Training Plan.”

Source: Rule 436-120-0500 — Training: Development and Implementation, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-120-0500.

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 436-120-0500’s source at or​.us