NAC616C.580. Consultation concerning proposed program of vocational rehabilitation; general requirements for offers of employment.

     1. When a consultation is held by a private carrier with an injured employee and the treating physician or chiropractor with respect to whether a proposed program of vocational rehabilitation is compatible with the physical limitations of the injured employee, and the employer is present, the private carrier shall explain to the employer:

     (a) Any incentives which are available to the employer if he or she participates in the vocational rehabilitation of the injured employee;

     (b) The estimated cost of the proposed program of vocational rehabilitation; and

     (c) That the cost of the program of vocational rehabilitation will be included in the calculation of the employer’s experience rating.

     2. The private carrier shall send a written summary of the consultation to the employer, whether or not he or she was present during the consultation.

     3. Except as otherwise provided in subsection 5, within 30 days after such a consultation, the employer shall give the private carrier a written notice stating whether or not he or she will offer the injured employee employment which is consistent with the physical limitations of the injured employee. If the employer intends to make an offer of employment, the employer must make the offer to the injured employee in writing within 10 days after notifying the private carrier of the intent to offer employment. If the offer of employment does not meet the requirements set forth in NAC 616C.583, the employer must conform the offer to those requirements within an additional 10 days.

     4. If the employer fails to offer employment that is compatible with the physical limitations of the injured employee or fails to meet any of the requirements imposed pursuant to subsection 3, the employer waives any right to object to the provision of any future vocational rehabilitation services to the injured employee.

     5. If the offer of employment requires an evaluation of the feasibility of structural modifications to the place of business of the employer, the employer may have an additional 30 days to make an offer of employment to the injured employee.

     6. If subsequent medical evidence demonstrates that the injured employee is unable to perform the work contained in the offer of employment made pursuant to subsection 3, and written notice of the opinion of the physician or chiropractor to this effect is given to the employer, the employer may make another offer of employment within 30 days after receipt of the notice. If the employer fails to make another offer of employment pursuant to this subsection, the employer waives any right to object to the provision of future vocational rehabilitation services to the injured employee.

     7. Except as otherwise provided in this subsection, if the employer makes an offer of employment, the injured employee must commence the employment within 30 days after the offer has been made. The private carrier may extend the date on which the injured employee must commence the employment:

     (a) For an additional 30 days if structural modifications to the place of business of the employer are required; or

     (b) For good cause shown.

Ê The injured employee remains eligible for vocational rehabilitation maintenance until commencing the employment.

     8. The private carrier shall submit a description of the proposed employment for the injured employee to the treating physician or chiropractor of the injured employee. Within 10 days after receiving the description, the treating physician or chiropractor shall determine if the employment is compatible with the physical limitations of the injured employee and inform the private carrier of the determination. If the treating physician or chiropractor fails to inform the private carrier of the determination within 10 days after receiving the description, the medical adviser of the private carrier or the consulting physician shall make the determination.

     [Industrial Comm’n, No. 14.099, eff. 3-26-82; renumbered as 6.099, 6-30-82]—(NAC A by Div. of Industrial Insurance Regulation, 10-26-83; 9-7-88; A by Div. of Industrial Relations, 1-20-94; R098-98, 12-18-98, eff. 7-1-99)