W. Va. Code R. § 85-15-4 - Priorities

4.1. Vendors of vocational rehabilitation services and qualified rehabilitation professionals must utilize the following priorities. No higher numbered priority may be utilized unless the Commission, Insurance Commissioner, self-insured employer or private carrier, whichever is applicable, has determined all lower numbered priorities are unlikely to result in placement of the injured worker into suitable gainful employment. If a lower numbered priority is clearly inappropriate for the injured worker, the next higher numbered priority must be considered. The rehabilitation plan must explicitly state the reasons and rationale for the rejection of any lower numbered priority. The priorities are as follows:

1. Return to the same employer and pre-injury job;

2. Return to the same employer and pre-injury job with modification;

3. Return to the same employer in a different position;

4. Return to the same employer in a different position with on-the-job-training;

5. Employment by a new employer without retraining;

6. Employment by a new employer with on-the-job-training;

7. Return to work following enrollment of the injured worker in a retraining program which consists of a goal-oriented period of formal retraining designed to lead to suitable gainful employment in the labor market.

Notes

W. Va. Code R. § 85-15-4