Sec. 14.09.07.12. Disputes, Noncompliance and Termination

A. Disputes.

(1) If a dispute or issue arises regarding vocational rehabilitation services, the parties shall file electronically a vocational rehabilitation dispute form, as prescribed by the Commission.

(2) Upon receipt of the vocational rehabilitation dispute form, the Duty Commissioner shall contact the parties by telephone.

(3) If the Duty Commissioner is unable to resolve the dispute, a hearing will be scheduled within 5 business days.

(4) The Commission may award reasonable attorney fees in disputes arising out of vocational rehabilitation issues when deemed necessary given the particular facts of a claim.

B. Noncompliance with Vocational Rehabilitation Plan. If a disabled covered employee is not meeting the employee's responsibilities or is not cooperating with vocational rehabilitation services, a practitioner shall:

(1) Document the factual basis for that determination and the practitioner's efforts to promote the disabled covered employee's participation; and

(2) Promptly notify all parties in writing.

C. Termination of Vocational Rehabilitation Services.

(1) Whenever a practitioner closes a case, the practitioner shall document the reasons for terminating vocational rehabilitation services.

(2) Upon termination of vocational rehabilitation services or case closure, a practitioner shall notify all parties within 5 working days of the:

(a) Reason for the termination or closure; and

(b) Current employment status of the disabled covered employee.

(3) A practitioner shall send a closure report to the Commission within 10 business days after notice of termination on the form prescribed by the Commission.