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Voc Rehab Nightmare - Printable Version

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Voc Rehab Nightmare - dano1203 - 01-25-2011

Hello,

Can anyone tell me what role my lawyer should be playing in the voc rehab process. He is telling me that he can handle the litigation part of my claim but can only advise me on how to deal with the voc rehab process. This does not sound correct to me as I feel he should be advocating for me on all fronts.

The litigation part of my case appears to be going OK and I have received my checks without a problem. The voc rehab process has not gone as well. I have flat out been told that I am asking for more than I deserve in retraining. I wasn't aware that what you deserve or do not deserve is part of the equation. Dealing with the Massachusetts DIA and the provider (**edited by moderator. No names please**) has been a complete **edited by moderator** that has caused me much stress. Any help or suggestions would be helpful. I am at my wits end.
Thanks


RE: Voc Rehab Nightmare - 1171 - 01-25-2011

it appears that VR is not a benefit listed under Mass workers compensation.

http://www.mass.gov/?pageID=elwdsubtopic&L=4&L0=Home&L1=Claimants&L2=Workers%27+Compensation&L3=Types+of+Benefits&sid=Elwd

as such there is likely no provision for atty fees or review by the work comp board.

it may be possible to retain legal representation or use an adviser under a separate contract for legal services just as any citizen of the state


RE: Voc Rehab Nightmare - kate - 01-25-2011

When you say "asking for more than I deserve in retraining", what are you asking for? In Mass the definition for vocational retraining is to "restore a disabled employee to suitable employment as near as possible to pre-injury earnings" They decide what is suitable (not what you find desirable) and to get you back to as close to your wages as possible. But not necessarily to get you back to what you were making or more.
Mass Statute Chapter 152. Section 1. Definitions http://www.workerscompensation.com/regulations/stateitem.php?ID=44060&state=massachusetts&Parent=44060

Here is some info regarding Mass. Voc Rehab.
http://www.mass.gov/?pageID=elwdsubtopic&L=3&L0=Home&L1=Workers+and+Unions&L2=Office+of+Education+and+Vocational+Rehabilitation+-+DIA&sid=Elwd



RE: Voc Rehab Nightmare - dano1203 - 01-29-2011

Voc Rehab Counselor proposed a plan for a 5 day Cisco course I did not have the prerequisites to sit for. To get the prerequite course work completed and then take and pass the originally proposed course would have been more around 10k and taken around 26 weeks. Being told I am looking for job enhancement rather than wage replacement. All I am trying to do is update my skills into a less hardware oriented vertical. Essentially less hands on with the hardware since that is what my restrictions are based on...pinching, grasping, lifting etc. This would allow me to leverage the skills I currrently have and use them to my advantage in a softer vertical.....web development, virtualization, etc. By the reaction you would think I was asking to be retrained as a brain surgeon.
(01-25-2011, 04:43 PM)kate Wrote: When you say "asking for more than I deserve in retraining", what are you asking for? In Mass the definition for vocational retraining is to "restore a disabled employee to suitable employment as near as possible to pre-injury earnings" They decide what is suitable (not what you find desirable) and to get you back to as close to your wages as possible. But not necessarily to get you back to what you were making or more.
Mass Statute Chapter 152. Section 1. Definitions http://www.workerscompensation.com/regulations/stateitem.php?ID=44060&state=massachusetts&Parent=44060

Here is some info regarding Mass. Voc Rehab.
http://www.mass.gov/?pageID=elwdsubtopic&L=3&L0=Home&L1=Workers+and+Unions&L2=Office+of+Education+and+Vocational+Rehabilitation+-+DIA&sid=Elwd