90- 351 C.M.R. ch. 6, § 3

Current through 2024-44, October 30, 2024

Section 351-6-3 - Evaluation for Suitability

1. A party seeking rehabilitation services must file an Application for Evaluation for Employment Rehabilitation Services (WCB-320) pursuant to 39-A M.R.S.A. §217(1) with the Executive Director or the Executive Director's designee.

A. The application must be complete, include copies of relevant medical records, and indicate whether the employee is receiving benefits or has received benefits;

B. The applicant must provide a copy of the application and an attachment index to the parties; and

C. Proposed rehabilitation plans will not be accepted with the application.

2. A party opposing the application shall file an objection no later than 10 business days after receipt of the application.

3. If a timely objection is not received, the Executive Director or the Executive Director's designee, after review of the application, may refer the employee to an approved provider.

4. If a timely objection is received, the matter will be forwarded to a Hearing Officer or Administrative Law Judge (ALJ) for review.

A. The Hearing Officer or ALJ shall require all interested parties to submit written evidence and arguments pursuant to a schedule established by the Hearing Officer or ALJ. At the discretion of the Hearing Officer or ALJ, a testimonial hearing may be scheduled for the parties to present relevant testimony; and

B. The Hearing Officer or ALJ's decision will be limited to whether employment rehabilitation services have been voluntarily offered and accepted.

C. The Hearing Officer or ALJ's decision is final, but without prejudice to a future application, and is not subject to any appeal.

5. The Employment Rehabilitation Fund is responsible for the costs associated with the evaluation.

90- 351 C.M.R. ch. 6, § 3