Written Rehabilitation Plan or Section 7110.10 Rehabilitation Plan
While employed with International Rehabilitation Associates, Mr. Steffan was part of the committee that formulated what is often referred to as the "120 day" rule. This well-intended but outdated attempt to define rehabilitation services has more recently been utilized in vocational cases to define a mutually agreed upon return to work program.
Subsequent to the National Tea Decision, Petitioner's Attorneys and rehabilitation service providers have progressed to a more active utilization of the Illinois Administrative Code Section 7110.10 for defining and utilizing vocational rehabilitation goals.
Section 7110.10 Vocational Rehabilitation states the following:
- “The employer or its representative, in consultation with the injured employee and, if represented, with his or her representative, shall prepare a written assessment of the course of medical care, and, if appropriate, rehabilitation required to return the injured worker to employment when it can be reasonably determined that the injured worker will, as a result of the injury, be unable to resume the regular duties in which engaged at the time of injury, or when the period of total incapacity for work exceeds 120 continuous days, whichever occurs first.
- The assessment shall address the necessity for a plan or program, which may include medical and vocational evaluation, modified or limited duty, and/or retraining, as necessary.
- At least every 4 months thereafter, provided the injured employee was and
has remained totally incapacitated for work, or until the matter is terminated
by order or award of the Commission or by written agreement of the parties
approved by the Commission, the employer or its representative in
consultation with the employee, and if represented, with his or her
representative shall:
- If the most recent previous assessment concluded that no plan or program was then necessary, prepare a written review of the continued appropriateness of that conclusion; or
- If a plan or program had been developed, prepare a written review of the continued appropriateness of that plan or program, and make in writing any necessary modifications.
- A copy of each written assessment, plan or program, review and modification shall be provided to the employee and/or his or her representative at the time of preparation, and an additional copy shall be retained in the file of the employer and, if insured, in the file of the insurance carrier, to be made available for review by the Commission on its request until the matter is terminated by order or award of the Commission or by written agreement of the parties approved by the Commission.
- The rehabilitation plan shall be prepared on a form furnished by the Commission.
(Source: Amended at 30 Ill. Reg. 11743, effective June 22, 2006)”
Although the original intention of this form was to address medical service provision, as of yet, neither Attorney's, insurance providers or the courts utilize this rule to address medical services.
To our knowledge, EPS Rehabilitation, Inc. is the only professional rehab service provider utilizing Section 7110.10 plans during the vocational services phase of the rehab process.
To begin the referral process with a professional at EPS Rehabilitation, Inc., please click here.
