§ 9-673. Vocational rehabilitation plan

   (a) Referral to provider; obtaining plan. -- The Commission shall:

   (1) refer a covered employee who is entitled to vocational rehabilitation services under § 9-672 of this Part XI of this subtitle to an appropriate vocational rehabilitation provider; and

   (2) obtain from the provider a vocational rehabilitation plan that includes:

      (i) a vocational assessment; and

      (ii) recommendations for vocational rehabilitation services reasonably necessary to return the disabled covered employee to suitable gainful employment.

(b) Suitable gainful employment. -- In determining whether employment is suitable gainful employment, consideration shall be given to:

   (1) the qualifications, interests, incentives, earnings before the accidental personal injury or date of disablement from the occupational disease, and future earning capacity of the covered employee;

   (2) the nature and extent of the disability of the covered employee; and

   (3) the current and future condition of the labor market.

(c) Notice. -- On receipt of a vocational rehabilitation plan, the Commission promptly shall give written notice of the contents of the plan to each party.

(d) Hearing. --

   (1) Within 15 days after the day of written notification by the Commission of the contents of the vocational rehabilitation plan, any party in interest may request a hearing to contest the plan.

   (2) At the hearing, the parties may present additional evidence as necessary.

   (3) After the hearing, the Commission shall:

      (i) wholly or partly accept or reject the vocational rehabilitation plan; and

      (ii) pass an appropriate order about vocational rehabilitation of the covered employee.

HISTORY: An. Code 1957, art. 101, § 36; 1991, ch. 8, § 2; 1992, ch. 22, § 1.