California Regulations 10133.4

(a) Inmates of a state penal or correctional institution may be eligible for workers' compensation�benefits, including the provision of vocational rehabilitation services, for injuries which occur�during their incarceration and while engaged in assigned work or employment. As used in this�section: �(1) 'Assigned work or employment' means work performed in any pay or non-pay position in a�work program under the direction and with the approval of a duly authorized inmate leadman or�supervisory leadman or Department of Corrections employee. The term does not include skill�centers, vocational training or academic education programs (except for physical fitness training�and forestry training which are authorized by Labor Code Section 3365 as prerequisites to fire�suppression duties) or activities which are clearly not encompassed within the duties and�responsibilities of the position to which assigned. �(2) 'Inmate of a state penal or correctional institution' means a person committed to the custody�of the Department of Corrections; and who is in a facility, camp, hospital, or institution of the�Department of Corrections for the purpose of confinement, treatment, employment, training, or�discipline; or who has been temporarily removed by the Department of Corrections from a facility�under its jurisdiction with or without custody, for the performance of assigned work. The term�does not include a prisoner who has escaped or who has been released on parole. �(3) 'Director,' as cited in subdivision (b) of Section 5069 of the Penal Code, means the Director of�Corrections. In addition to the requirements of Sections 10123, 10124 and 10126, the Director of�Corrections shall provide notice of the availability of vocational rehabilitation services to inmates�disabled for 28 calendar days or more, on a form prescribed by the director. A copy of such form�shall be sent to the Department of Rehabilitation.

�(b) Notwithstanding Section 10125.1, an injured inmate who otherwise qualifies for vocational�rehabilitation services shall not be entitled to vocational rehabilitation maintenance allowance�payments while serving in a state penal or correctional institution.

�(c) Vocational rehabilitation services to determine an inmate's eligibility as a qualified injured�worker, and to develop any required vocational rehabilitation plan, shall be provided by a�rehabilitation representative chosen by the Department of Corrections. Such services shall be�provided the inmate as soon as it is feasible and prior to the inmate's release from custody, if�possible, with the intent of preparing the inmate for suitable gainful employment upon release.�Nothing shall bar the development and implementation of a plan, however, prior to the inmate's�release, using modified work or an otherwise suitable work position meeting the definition of�assigned work or employment under subsection (a) of this section.