HOUSE BILL NO. 5190

A bill to amend 1969 PA 317, entitled

"Worker's disability compensation act of 1969,"

by amending section 319 (MCL 418.319), as amended by 2011 PA 266.

the people of the state of michigan enact:

Sec. 319. (1) An employee who has suffered suffers an injury covered by under this act shall be is entitled to prompt medical rehabilitation services.

(2) When If, as a result of the an injury he or she is unable to perform covered under this act, an employee has any limitation in obtaining or performing work for which he or she has previous that is suitable to the employee's qualifications and training, or experience, the employee shall be is entitled to such vocational rehabilitation services, including retraining and job placement, as may be reasonably necessary to restore him or her the employee to useful employment.a remunerative occupation commensurate with the employee's wage-earning capacity before the injury.

(3) If such vocational rehabilitation services are not voluntarily offered and accepted, the director on his or her the director's own motion or upon application of the employee, carrier, or employer, after affording the parties an opportunity to be heard, may refer the employee to an agency-approved facility vocational rehabilitation provider for a vocational evaluation of the need for, and the kind of, service, treatment, or training necessary and appropriate to render the employee fit for a remunerative occupation described in subsection (2).

(4) If an employee is referred to an agency-approved vocational rehabilitation provider under subsection (3), the provider shall gather and analyze relevant information about the employee, including, but not limited to, all of the following, in order to conduct a vocational evaluation and, if appropriate and subject to subsection (6), develop an individualized vocational rehabilitation plan for the employee:

(a) Educational history.

(b) Medical history.

(c) Vocational history.

(d) Interests.

(e) Aptitudes.

(f) Vocational assessment results.

(5) The vocational evaluation described in subsection (4) must include a face-to-face meeting with the employee.

(6) An individualized vocational rehabilitation plan developed under subsection (4) must meet all of the following requirements:

(a) Be in writing.

(b) Be mutually developed by an agency-approved vocational rehabilitation provider and the employee.

(c) Provide a detailed outline of goals, objectives, responsibilities, and services necessary for the employee's successful vocational rehabilitation.

(d) Be specific to the employee.

(e) Determine the feasibility of returning the employee to a remunerative occupation described in subsection (2) considering the following return-to-work hierarchy:

(i) The same job with the same employer.

(ii) A modified job with the same employer.

(iii) A different job with the same employer.

(iv) The same job with a different employer.

(v) A different job with a different employer.

(vi) Self-employment.

(7) The agency-approved vocational rehabilitation provider shall review the individualized vocational rehabilitation plan on a regular basis with the employee and update the plan as circumstances require.

(8) Upon receipt of such report, the vocational evaluation, the director may order that the training, services, treatment, or treatment service recommended in the report evaluation be provided at the expense of the employer. The director may order that any employee participating in vocational rehabilitation shall must receive additional payments for transportation or any extra and necessary expenses during the period and arising out of his or her the employee's program of vocational rehabilitation. Vocational rehabilitation training, treatment, or service shall must not extend for a period of more than 52 208 weeks, except in cases when, by special order of that the director, after review , the period and as the director determines to be appropriate, may be extended for an additional 52 weeks or portion thereof. order that additional periods of training, treatment, or service for educational or vocational training be completed at a state or federal accredited vocational rehabilitation program. If there is an unjustifiable refusal by an employee to accept vocational rehabilitation pursuant to in accordance with a decision of the director, the director shall order a loss or reduction of compensation in an amount determined by the director for each week of the period of refusal, except for specific compensation payable under section 361(1) and (2).

(9) (2) A party may appeal an order of the director under subsection (1) this section to the Michigan workers' disability compensation appellate appeals commission within not later than 15 days after the order is mailed to the parties.

(10) As used in this section, "agency-approved vocational rehabilitation provider" means a person, firm, partnership, corporation, or other legal entity that satisfies all of the following requirements:

(a) Submits an application on a form and in the manner prescribed by the agency.

(b) Meets minimum standards as a vocational counselor as prescribed by the agency.

(c) Is approved by the agency.