Hawaii Regulations 12-14-5

(1) First determining if the employee's usual and customary employment represents suitable gainful employment; should it not,

(2) Next determining if modified work or other work with the same employer represents suitable gainful employment; should it not,

(3) Next determining if modified or other employment with a different employer represents suitable gainful employment; should it not, and finally,

(4) Providing training to obtain employment in another occupational field.

(b) A plan may be approved by the director, provided it includes:

(1) A physician's assessment of the employee's physical limitations, psychological limitations, and ability to return to work. In the event this information is not provided by the treating physician in a reasonable amount of time, information from another physician will be accepted;

(2) A labor market survey indicating there is reasonable assurance that the proposed occupation for which the employee is to be placed or trained is readily available in the community when placement begins, or there is assurance of reemployment by the employer;

(3) A job analysis of the proposed occupation, setting forth its duties, responsibilities, physical demands, environmental working conditions, specific qualifications needed for entry level employment, reasonable accommodations, expected estimated earnings, and other relevant information;

(4) The nature and extent of the vocational rehabilitation services to be provided, including:

(A) Specific services to be provided, justification for the necessity of the services, estimated time frames for delivery of services, and how the effectiveness of these services is to be measured;

(B) Criteria for determining successful completion of the vocational rehabilitation plan; and

(C) The employee's responsibilities;

(5) Report of tests and copies thereof that have been administered to the employee, including a statement regarding the need for and use of the tests to identify a vocational goal;

(6) If retraining, including on-the-job training, is found to be necessary, the estimated cost of retraining, a description of specific skills to be learned or knowledge acquired with specific time periods and clearly defined measurements of success, and the nature, amount, and duration of living expenses as provided in section 12-14-40;

(7) Total cost of plan; and

(8) The employee's approval of the plan.

(c) The employer shall have ten calendar days from the postmark date of the plan to submit in writing to the director any objections to the plan. The front page of the objection shall be clearly identified as a "VOCATIONAL REHABILITATION PLAN OBJECTION" in capital letters in no less than ten point type and may include a copy of the envelope showing postmark date.

(d) The director may approve a plan which does not include all of the requirements of subsections (a), (b) and (c) provided the director finds the plan:

(1) Is in the best interest of the employee;

(2) Contains reasonable assurance the employee will be placed in suitable gainful employment; and

(3) Has been approved by the employee.

(e) In the event the plan requires the purchase of any tools, supplies or equipment, the deadline for purchase shall be included in the plan. Tools, supplies, and equipment are considered to be the property of the employer until the plan is determined by the director to be successfully completed, after which, it becomes the property of the employee. Included in the plan shall be a statement that should the deadline pass, the purchase shall be made and the employer shall pay for the purchase.

(f) An employee with an approved plan who is determined as able to return to usual and customary employment may choose to complete the plan or request the director take action under section 12-14-9(4) and allow a new plan whose goal must be the employee's usual and customary employment.

[Eff. 1/l/81; am 1/28/85; am 4/12/93; am 11/08/99; am 12/17/01]

(Auth: HRS § 386-72) (Imp: HRS § 386-25)