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Calbom & Schwab Personal Injury Claims

Worker's Compensation - L & I :: Vocational Benefits

I was involved in a vocational retraining plan, sponsored by the Department of Labor and Industries, and was being trained in specific applications of computers for advertising. Due to personal reasons, I recently relocated to the Tri-Cities area from north Seattle. Unfortunately this interrupted my retraining and my claims manager has stopped my time loss benefits. What can I do?

Likely your claims manager has classified you as being "non-cooperative". A suspension of benefits can be enforced by the Department of Labor and Industries, but only during a period of time for which you were unable to participate in vocational services due to your own actions. If your relocation has been completed, and you are planning on staying in this area, I would suggest simply contacting your claims manager and advising her that you are available to reinitiate the training.

As a matter of right, am I entitled to retraining or other vocational services under the Industrial Insurance Act if my on

In March of 1985 the mandatory rehabilitation sections of the Industrial Insurance Act were repealed. While the Industrial Insurance Act contains language outlining those vocational services which the Department can provide to an injured worker, the law does not require the Department to provide those services. Often times the injured worker is mislead into believing that he or she has a right to vocational services. The true test of whether one has a right is the ability of an injured worker to appeal the wrongful refusal of vocational services to a jury of their peers. No such right exists anymore in the State of Washington. Certain pleas to the Director of the Department of Labor and Industries for vocational services are occasionally successful so one should not forsake all efforts in bargaining with the Department for retraining of a meaningful nature when the need for such is documented by medical evidence.

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