§ 28-33-41 - Rehabilitation of injured persons.
SECTION 28-33-41
§ 28-33-41 Rehabilitation of injuredpersons. – (a) The department and the workers' compensation court shall expedite therehabilitation of and the return to remunerative employment of all employeeswho are disabled and injured and who are subject to chapters 29 – 38 ofthis title.
(2) Rehabilitation means the prompt provision of appropriateservices necessary to restore an employee who is occupationally injured ordiseased to his or her optimum physical, mental, vocational, and economicusefulness. This may require medical, vocational, and/or reemployment servicesto restore an employee who is occupationally disabled as nearly as possible tohis or her pre-injury status. As a procedure, rehabilitation may include three(3) overlapping and interrelated components:
(i) Medical restorative services. Medical treatmentand related services needed to restore the employee who is occupationallydisabled to a state of health as near as possible to that which existed priorto the occupational injury or disease. These services may include, but are notlimited to, the following: medical, surgical, hospital, nursing services,attendant care, chiropractic care, physical therapy, occupational therapy,medicines, prostheses, orthoses, other physical rehabilitation services,including psychosocial services, and reasonable travel expenses incurred inprocuring the services.
(B) Treatment by spiritual means. Nothing in thischapter shall be construed to require an employee who in good faith relies onor is treated by prayer or spiritual means by a duly accredited practitioner ofa well recognized church to undergo any medical or surgical treatment, andweekly compensation benefits may not be suspended or terminated on the groundsthat the employee refuses to accept recommended medical or surgical benefits.The employee shall submit to all physical examinations as required by chapters29 – 38 of this title.
(II) However, a private employer, insurer, self-insurer orgroup self-insurer may pay or reimburse an employee for any costs associatedwith treatment by prayer or spiritual means.
(ii) Vocational restorative services. Vocationalservices needed to return the employee with a disability to his or herpre-injury employment or, if that is not possible, to a state of employabilityin suitable alternative employment. These services may include, but are notlimited to, the following: psychological and vocational evaluations,counseling, and training.
(iii) Reemployment services. Services used to returnthe employee who is occupationally disabled to suitable, remunerativeemployment as adjudged by his or her functional and vocational ability at thattime.
(b) Any employer or any injured employee with totaldisability or permanent partial disability to whom the insurance carrier orcertificated employer has paid compensation for a period of three (3) months ormore, and to whom compensation is still being paid, or his or her employer orinsurer may file a petition with the workers' compensation court requestingapproval of a rehabilitation program or may mutually agree to a rehabilitationprogram. Determinations shall be rendered by the workers' compensation court inaccordance with this section and as provided in chapters 29 – 38 of thistitle and the rules of practice of the Rhode Island workers' compensation court.
(2) Action shall be taken as in the judgment of the workers'compensation court shall seem practicable and likely to speed the recovery andrehabilitation of injured workers. However, rehabilitative services shall beappropriate to the needs and capabilities of injured workers.
(c) Compensation payments shall not be diminished orterminated while the employee is participating in a rehabilitation programapproved by the workers' compensation court or agreed to by the parties.Provided, that compensation payments shall be suspended while an injuredemployee willfully refuses to participate in a rehabilitation program approvedby the workers' compensation court or agreed to by the parties. When theemployee has completed an approved rehabilitation program, the rehabilitationprovider shall recommend, in the instance of vocational rehabilitation, anearnings capacity, or in the instance of physical rehabilitation provided orprescribed by a physician, a degree of functional impairment, and the employeeshall be referred to the court for an earnings capacity adjustment to benefits,unless the employee has returned to gainful employment.
(d) The employer shall bear the expense of rehabilitativeservices agreed to or ordered pursuant to this section. If those rehabilitativeservices require residence at or near or travel to a rehabilitative facility,the employer shall pay the employee's reasonable expense for board, lodging,and/or travel.
(e) Except for the provisions of this section, the provisionsof § 28-33-8 shall remain in full force and effect.
(f) For the purposes of this section, the director shallpromulgate rules and regulations pursuant to chapter 35 of title 42 forcertifying rehabilitation providers, evaluators, and counselors, and thedirector shall maintain a registry of those persons so certified. No plan ofrehabilitation requiring the services of a rehabilitation counselor shall beapproved by the workers' compensation court or agreed to by the parties unlessthe counselor is certified by the director. Any requests for approval of arehabilitation plan pending before the director prior to September 1, 2000,will remain at the department for determination. All requests after this datewill be heard by the workers' compensation court.