Sec. 31-283a-5

Discontinuance of benefits: Maintenance of benefits; Procedure for vocational rehabilitation plan termination.

_{Workers' Compensation Administrative Regulation regarding}
Structure and Operation of Workers’ Rehabilitation Programs

Sec. 31-283a-5. Discontinuance of benefits.

(a) Maintenance of benefits. The trainee shall complete each approved vocational rehabilitation plan unless the Chairman or his designee shall find one or more of the following conditions to exist:

(1) Absences from training exceed ten percent (10%) of the scheduled instruction time for a period; being one semester or one module (a single course or unit of instruction as defined by the training school’s course description).

(2) Performance is determined to be substandard, as evidenced by a grade report, transcript, or training progress report form received from the training provider.

(3) The Commission is informed by written statement from the training provider that the trainee’s conduct at the training site fails to meet minimum standards as established by the training site’s written policy.

(4) Trainee has willfully submitted false claims, reports or statements to the Workers’ Compensation Commission.

(5) Any combination of the preceding conditions as a result of which the program no longer offers a reasonable expectation of successful conclusion.

(b) Procedure for vocational rehabilitation plan termination. Except for those plans terminated for reasons stated in subdivision (5) of subsection (a) of this section, no plan may be terminated except in accordance with the following procedure:

(1) The trainee shall be given written warning specifying why his or her conduct, performance or attendance record is unacceptable, and that failure to correct the deficiency shall result in his/her termination from the program.

(2) If the deficiency set forth in the warning notice has not been corrected within 30 days, or such other time specified therein, he/she shall be withdrawn from the program.

_{Effective October 18, 1995}