OAR 436-120-0510: Training Plan Support

(1) Considerations in training plan. The worker and counselor must work together to develop an appropriate training plan that considers the worker’s: (a) Transferable skills; (b) Physical and mental capacities and limitations; (c) Vocational interests; (d) Educational background and academic skill level; (e) Pre-injury wage; and (f) Place of residence and that labor market. (2) Training plan documentation. Training plan supporting documentation must contain, but is not limited to, the following: (a) Specific vocational goals and projected return-to-work wages; (b) A description of the worker’s current medical condition, relating the worker’s permanent limitations to the vocational goals; (c) A description of the worker’s education and work history, including job durations, wages, Standard Occupational Classification (SOC) codes or other standardized job titles and codes, and specific job duties. The SOC codes can be found on the Oregon Employment Department OLMIS website at www.qualityinfo.org; (d) An explanation of why direct employment services will not return the worker to suitable employment; (e) A summary of the results of any evaluations or testing. If the results do not support the goals, the counselor must explain why the goals are appropriate; (f) A summary of current labor market information that shows the labor market supports the vocational goals and documents that the worker has been informed of the condition of the labor market; (g) A labor market search as prescribed in 436-120-0410(4), if needed; (h) If the labor market information does not support the goals, the counselor must explain why the goals are appropriate. The worker and worker’s representative, if any, must acknowledge in writing an awareness of the poor labor market conditions and a willingness to proceed with the plan in spite of these conditions. This acknowledgment must include an understanding the insurer will provide no additional training should the worker be unable to find suitable employment because of the labor market; (i) A job analysis prepared by the counselor, signed by the worker and by the attending physician or a qualified facility designated by the attending physician, and based on a visit to a worksite comparable to what the worker could expect after completing training. If the attending physician is unable or unwilling to address the job analysis and does not designate a facility as described above, the insurer may submit the job analysis to a qualified facility of its choice. The insurer must submit the resulting information to the attending physician for concurrence. If the attending physician has not responded within 30 days of the date of request for concurrence, the plan may proceed; (j) A signed on-the-job training contract, if applicable; (k) A description of the curriculum, which must be term-by-term if the curriculum is for formal training; (l) Information about the payment of temporary disability compensation while the worker is in training. If the training plan is for a longer period of time than temporary disability benefits may be paid, the plan must notify the worker that temporary disability benefits may end before training ends; and (m) If material related to a plan is contained in a previous eligibility, the insurer may attach a copy of the evaluation to the plan.