Legal Question in Workers Comp in California
Can I get another vocational rehabilitation plan?
I completed a vocational rehabilitation plan as a truck driver last month. I have obtained a job in the field, but am unable to perform the essential functions of the job due to the necessary exposure to respiratory irritants. My work injury was to my respiratory system. The doctor which approved my rehabilitation plan was not advised that the job would require exposure to respiratory irritants. Am I entitled to go through another rehabilitation plan?
1 Answer from Attorneys
Sometimes you may be entiled to go through another rehab plan
There are several conditions in the Labor Code under which an injured worker will be entitled to a second rehabilitation plan. The one most applicable to your situation would be the one authorizing a second plan where it "is necessary for the proper rehabilitation of the employee". Where a doctor fails to review an appropriate job analysis, the Rehabilitation Unit may grant a second plan.
There is one thing to keep in mind. If your industrial injury occurred on or after 1/1/94, the total cost of both plans cannot exceed $16,000.00. This is referred to as the "rehab cap" for post-1993 cases.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
