When may the department authorize prejob accommodations?

As provided for in RCW 51.32.095(4), the supervisor or the supervisor's designee, in his or her discretion, may authorize prejob accommodations when the following criteria are met:
(1) The claim is open or in statutory pension status; and
(2) The injured worker's attending doctor certifies that the prejob accommodations are medically necessary due to the effects of the accepted industrial condition; and
(3) The prejob accommodation is medically necessary to enable the industrially injured or ill worker to:
(a) Participate in an approved retraining program; or
(b) Perform the essential functions of a job or a return to work goal in which the worker is seeking employment consistent with a completed retraining plan or the recommendations of an ability to work assessment; and
(4) No employer-employee relationship exists.
[Statutory Authority: RCW 51.04.020, 51.04.030, 51.32.095, 51.36.100, 51.36.110. WSR 03-11-009, ยง 296-19A-191, filed 5/12/03, effective 2/1/04.]
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