HAR §12-14-23. Responsibility

(a) The employee in accordance with section 386- 25, HRS, and within the limits established by section 12-14-36, initially may select and initiate services with any one certified rehabilitation provider as established in section 12-14-16. All subsequent changes or transfers of provider shall be in accordance with section 12-14-52. (b) Based on sources such as physicians' medical reports and recommendations by hearings officers, employers, insurance carriers, and others, the director may as expeditiously as possible identify employees who may need vocational rehabilitation and refer these employees to a provider unless the director, in accordance with section 12-14-46, certifies that it is not feasible to rehabilitate the employee. (c) Within one hundred twenty days from the date of injury, based on a physician's medical report and other information, the employer shall provide information on the employee’s rights to vocational rehabilitation, instructions on how to select a vocational rehabilitation provider, an employee selection form and a list of current certified vocational rehabilitation providers to the employee. The employee shall have thirty calendar days from the date the employer provides the information to the employee to make a selection. If the employee fails to select, the employer may request a referral from the director. (d) Upon the employee’s selection of a provider of vocational rehabilitation services, the provider has seven calendar days to submit in writing, notification of employee’s selection by submittal of the employee selection form to the employer, employee and the director. The employee selection form shall include the employee’s name and address, department’s workers’ compensation case number, employer’s name, and the name of the selected provider. (e) Employers may, within ten calendar days from the postmark date of the employee selection form, challenge an employee’s eligibility for vocational rehabilitation benefits by filing written notice to the director, employee and provider, defining the employer’s justification for non-eligibility. The front page of the objection shall be clearly identified as an “ELIGIBILITY FOR VOCATIONAL REHABILITATION OBJECTION” in capital letters in no less than ten point type and may include a copy of the envelope showing postmark date. [Eff. 1/l/81; am 1/28/85; am 4/12/93; am 11/08/99; am 12/17/01] (Auth: HRS §386-72) (Imp: HRS §386-25) §§12-14-24 to 12-14-25 (Reserved) 13 SUBCHAPTER 5 IMPLEMENTATION OF VOCATIONAL REHABILITATION PLANS