California Regulations 10124

(a) For Injuries Occurring on or after 1/1/90 through 12/31/93 at 90 days of Aggregate Total�Temporary Disability.�Within 25 days of receipt of the assignment required by subdivision (a) of Labor Code section� 4636, the qualified rehabilitation representative shall: �(1) Meet with the employee to explain the services available to assist the employee in returning to�work. If the employee's medical eligibility for vocational rehabilitation services has not yet been�determined, the qualified rehabilitation representative shall assist the employee and confer with�the employer in the joint development of a job description, using either DWC Form RU-91,�'Description of Employee's Job Duties' or a narrative description, which may include a video tape�of the tasks, worksite and equipment. �(2) Submit DWC Form RU-90, 'Treating Physician's Report of Disability Status,' and the job�description to the employee's treating physician and request the physician to determine the�employee's medical eligibility for vocational rehabilitation services. �(3) Provide the injured worker with the 'Help In Returning to Work' pamphlet published by the�Department of Industrial Relations, Division of Workers' Compensation.

�(b) For Injuries Occurring on or after 1/1/94.�When 90 days of aggregate total disability occurs, the claims administrator shall, within 10 days,�provide the employee 'Help In Returning to Work-94' along with information on how to contact�an Information and Assistance officer. (Reference 9813(d)(1). �(1) If the employee's medical eligibility for vocational rehabilitation services has not yet been�determined, the claims administrator shall assist the employee in the joint development of a job�description, using DWC Form RU-91, Description of Employee's Job Duties or a narrative�description which may include a video tape of the tasks, worksite and equipment. If the employee�unreasonably refuses to participate in the development of a joint job description, the employer's�description shall be presumed to be the joint description. �(2) In the event that a dispute regarding the job duties cannot be resolved by the parties, the�claims administrator shall submit this dispute to the Rehabilitation Unit. The Rehabilitation Unit will�resolve the dispute on an expedited basis. �(3) The claims administrator must submit the DWC Form RU 90 'Treating Physician's Report of�Disability Status', and the job description to the employee's treating physician and request the�physician to determine the employee's medical eligibility for vocational rehabilitation services. In�the event the treating physician is unable to determine if the employee is medically eligible for�services, the claims administrator shall continue to contact the physician at no less than 60 day�intervals until the physician can make a determination.