Plan Development Referral

• Are vocational providers who work on self-insured claims required to submit a plan in 90 days also?

  Yes. The 90 day requirement applies to all vocational plan development services, including claims covered by both L&I and by self-insured employers.

• Does a bona fide and valid job offer require a job analysis?

  A bona fide and valid job offer may be made by an employer to a worker who has been determined to be eligible for vocational services. These job offers must be for work that is within the worker's capacities as established by medical information in the claim file. L&I will determine if the job offer is valid.

• What is the difference between "Rights and Responsibilities" and "Accountability Agreement"?

  These are separate documents. Both are required by legislation. L&I has developed a Rights and Responsibilities document to be used to inform an eligible worker of his or her rights and responsibilities in the plan development process. The document will be sent to the worker and the Vocational Rehabilitation Counselor (VRC) when a plan development referral is made. The assigned VRC is required to review the document with the worker at their initial plan development meeting. L&I has also developed Rights and Responsibilities for use in Assessment and Plan Implementation.

  The Accountability Agreement isn't a new requirement. It is attached to the plan that is submitted to L&I and it details expectations regarding the worker's participation in the plan. It carries signature lines for the worker, the VRC and other parties if appropriate. The Accountability Agreement (F280‑016‑000) is referenced in current WAC 296‑19A‑100(2)(h) (www.leg.wa.gov). L&I plans to add further clarification to the Accountability Agreement in the near future. We will notify vocational providers and other interested parties through L&I's Vocational Rehabilitation E-mail List when these changes are made.

• How do we address the issue of drug testing (or similar pre-employment screening) when the labor market for a particular job indicates a drug test must be passed in order to consider employment?

  This information is in the updated Accountability Agreement (F280‑016‑000). The Accountability Agreement (F280‑016‑000) also includes references to other potential labor market requirements, such as driving abstract and criminal background check.

• Is there a checklist for the Vocational Rehabilitation Counselor (VRC) to fully explain Option 2 benefits?

  This information is included in the Accountability Agreement (F280‑016‑000).

  The VRC has an important role in fully explaining both Option 1 and Option 2 to the worker, so the worker can make an informed choice.

• What happens to the vocational referral if a worker chooses Option 2?

  L&I closes the plan implementation referral and issues an order granting Option 2.

Plan Approval

• Can a plan be submitted that isn't expected to start for several months?

  Not in most cases. L&I has developed interim policy on this topic. The interim policy requires that a plan must begin within 90 days of the date the plan is approved. The worker and Vocational Rehabilitation Counselor (VRC) should be encouraged to look at plans with an immediate start date.

  Exception: The Return to Work Services Program Manager or Self-Insurance Program Manager in consultation with the Return-to-Work Services Program Manager may approve a training plan that begins more than 90 days after the plan approval date when there are no other classes or viable job goals for that worker.

• Can a Vocational Rehabilitation Counselor (VRC) implement a training plan before it is approved?

  No. Because plan development and plan implementation are separate referrals, VRCs need to receive a plan implementation referral before implementing a vocational training plan and submitting bills for that phase of vocational services.

• What if the injured worker registers for school before the plan is approved?

  If an injured worker registers for school and L&I denies the plan, the worker is responsible for any costs incurred.

• Will L&I purchase weapons or vehicles if they are required for a training plan?

  No. L&I doesn't purchase weapons or vehicles as part of a retraining plan.

• Can undocumented workers receive on-the-job training?

  When considering eligibility to work in the United States, L&I will provide vocational services to eligible injured workers; however, L&I won't knowingly aid an undocumented worker in direct job placement or authorize on-the-job training with a "for-profit" employer.

• Is the letter approving the plan sent to both the worker and attorney? Is there any way to make sure that letter gets to worker (in case the attorney isn't timely or the address is wrong)?

  If the worker has instructed L&I to send all correspondence to the attorney, the letter is only mailed to the attorney. The attorney must communicate the information to their client.

Option Selection

• If a worker protests an approved plan to Vocational Dispute Resolution Office (VDRO), and VDRO upholds the plan, does the worker get an additional 15 days from the VDRO decision to select their option?

  No.

• When a non-English speaking worker is provided the Retraining Plan Option Form, how does translation time affect the dates required in the statute?

  L&I must make sure that the worker has 15 days to submit the form from the date we send the translated letter.

• If the attorney sends in correspondence that selects an Option, but doesn't use an L&I form, will L&I accept the choice?

  L&I strongly recommends using the Retraining Plan Option Form included with the Plan Approval letter. Correspondence from the attorney requesting Option 2 must include each statement on the form and be signed and dated by the worker.

• When is a Retraining Plan Option Form considered late? Who determines that and what action is taken?

  The Retraining Plan Option Form is late 15 days after the date of the Plan Approval letter.

  L&I denies all late requests and sends a letter of explanation. The worker must proceed with the previously approved retraining plan.

• If the letter gives a specific date to notify L&I, why doesn't L&I give them additional mailing time?

  The new vocational law is very specific about the time period to select Option 2. "The worker may, within fifteen days of approval of the plan by the department, elect option 2." RCW 51.32.099 (4)(a) (www.leg.wa.gov).

• If the Retraining Plan Option Form comes in before the plan is approved, is it valid?

  No. The plan must be approved by L&I before the option selection can be made.

• Do we have an exception process to allow the worker to have additional time to make their option selection or change their mind?

  A worker must make a choice within the designated 15-day period. A worker can change his or her mind, but only if it's in the 15-day period. This is why the Vocational Rehabilitation Counselor (VRC) must submit a plan to L&I at least 30 days before the training program begins.