Words in italics are defined in Rule 49.
A. When a vocational rehabilitation counselor is agreed to or appointed pursuant to Rule 42, any reports provided to any party that are prepared by such vocational rehabilitation counselor or job placement specialist acting under the supervision of such vocational rehabilitation counselor shall be provided to all parties, with an additional copy sent directly to the employee. An additional copy shall also be sent to the court, except that reports relating to a loss of earning power evaluation shall be sent to the court only if the counselor is also
agreed to or appointed to provide vocational rehabilitation services.
B. In all cases involving an approved training plan, the vocational rehabilitation counselor shall provide the court with the employee's grade report or transcript which includes the term and cumulative grade point averages and a copy of the employee's class schedule for the next training period, including the days of the week. These shall be provided on or before the first class day of the next training period. The employee shall provide the counselor with a signed release form authorizing the training provider to release the employee's grade report, transcript, and class schedule to the counselor. Failure of the vocational rehabilitation counselor to provide a copy of the class schedule, grade transcript or a training progress report, or any other data requested by the court when due may result in a loss of funding or cancellation of the employee's vocational rehabilitation plan.
C. When an employee fails to make satisfactory progress or discontinues participating in an approved vocational rehabilitation plan, the court shall be immediately notified by the vocational rehabilitation counselor. The vocational rehabilitation counselor shall also promptly notify the employer or his or her insurer, in writing, when an employee has discontinued participating in an approved vocational rehabilitation plan.
D. The vocational rehabilitation counselor shall notify the court within five working days of termination of vocational rehabilitation services using a form developed by the court for such purpose.
E. Failure of a vocational rehabilitation counselor to comply with the reporting requirements of this rule may cause the certification of such counselor to be denied, revoked, or placed in a probationary status. Sections 48-162.01, 48-163, 48-165, RRS. 2010.
Effective date: December 12, 2013.