287.148. Loss of suitable, gainful employment, how determined--severe injury, defined--plan, duration, costs allowed. - Missouri Statutes

Loss of suitable, gainful employment, how determined--severe injury,defined--plan, duration, costs allowed.

287.148. 1. Within one hundred and twenty days of thedate of the injury, the employer shall determine whether theinjured worker has sustained an injury that results in a loss ofsuitable, gainful employment. If the employer can determinethat a loss of suitable, gainful employment has occurred, theemployer may retain the services of a rehabilitationpractitioner or a rehabilitation provider. A writtendetermination of this finding shall be sent to the division ofworkers' compensation with copies to the employer, insurer,employee and their representatives on forms approved by thedivision. In the event that a determination cannot beestablished, within the one hundred and twenty days of the dateof injury, due to the extent of the injury, the employer shall,as regulated by the division of workers' compensation, continueto review the status of the injured employee at appropriateintervals to determine his loss of suitable, gainful employment.If a rehabilitation practitioner or provider is retained by theemployer, the rehabilitation practitioner or provider shall,within ninety days:

(1) Conduct an initial consultation with the injuredemployee, the employer and all treating physicians; and

(2) Perform a vocational rehabilitation assessment whichshall include a plan if rehabilitation services are deemed to berequired. A copy of the vocational rehabilitation plan shall besent to the employer, insurer, employee, their representatives,the treating physicians and to the division.

2. The employer may retain a rehabilitation practitioner orprovider who shall perform the services stated in subdivisions(1) and (2) of subsection 1 of this section, in the event of aninjury of sufficient severity as determined by the treatingphysician, which interferes with occupational functioning thatinvolves:

(1) The severe mangling, crushing, amputation or nerveimpairment of a major extremity;

(2) A traumatic injury to the spinal cord that has causedor may cause paralysis or severe restriction of movement;

(3) Severe burns;

(4) A serious head injury with neurological orneuropsychological involvement; or

(5) Loss of sight in one or both eyes or loss ofcommunication skills to include loss of hearing in both ears orloss of speech, or both.

3. The director shall immediately notify the employer thatan injured employee may require the services of a rehabilitationpractitioner or rehabilitation provider if he receives asurgeon's report and other medical reports supplied by theemployer or employer's insurer that details an injury ofsufficient severity as described in this section.

4. The initial period of a plan may not exceed a period oftwenty-six weeks, but only the employer may extend the period ofthe plan for an additional twenty-six-week period. Anyextension shall be consistent with the initial plan and limitedto no greater goal than restoration of the employee to suitable,gainful employment. The maximum costs for implementing thevocational testing, vocational rehabilitation plan, orsubsequent tuition or retraining shall not exceed five thousanddollars, exclusive of the costs of medical treatment, medicalevaluation and fees paid to the vocational rehabilitationprovider or practitioner, without the approval of the division.

5. If rehabilitation services require residence at or nearthe facility, institution or practitioner's office and away fromthe employee's customary residence, reasonable and necessarycosts of board, lodging and travel shall be borne by theemployer or insurer. Rehabilitation services shall be performedby practitioners and providers approved by the director withinthis state when such facilities or practitioners are reasonablyavailable, or elsewhere when approved by the director.

(L. 1990 S.B. 751)

Effective 7-1-91