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States with mandatory voc rehab compliance
Greetings Mrgo26!

Louisiana requires compliance. If there is documented evidence indicating a pattern of non-compliance, the insurance carrier can petition the Workers' Comp Court for approval to reduce the injured workers' indemnity benefits by 50%, until he/she is compliant.

Also, per a Louisiana Supreme Court decision - Banks vs. Industrial Roofing and Sheet Metal Works, the court found that the employer must prove job availability on behalf of the employee using the following criteria: 1) the existence of a suitable job within the claimant's physical capabilities and within the claimant's or the employer's community or reasonable geographic region; 2) the amount of wages an employee with the claimant's experience and training can be expected to earn in that job; and 3) an actual position available for that particular job at the time that the claimant received notification of the job's existence.

Assuming the above has been met, there is no requirement that an offer of employment be extended to the injured worker in order to reduce Supplemental Earnings Benefits by what the wage earning capacity is found to be.

Although there is no case law or supporting statutes, some of the W/C Judges have determined, on their own, that physician approval of identified jobs is required. As a precaution, I always get the treating physician to review the presented jobs.

Take care.

Messages In This Thread
RE: States with mandatory voc rehab compliance - GKelly - 12-14-2010, 11:56 PM

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