Issue #3
Hello All,
I hope everyone is finally enjoying some cooler weather. Thanks for the feedback on the newsletters and thanks to those of you who’ve sent in news for this issue. I again encourage you to share anything you believe to be relevant to our members. This can include NCIC info, legislative info, updates on members and successes in our field. I’ve divided the newsletter into sections to hopefully make it easier to locate the info you need. I will continue to rely on you, our members, to send in the latest! In each issue, you will see a deadline for sending in news for the next issue. Thanks in advance to those who contribute! Be sure to check out our website at www.iarp-carolinas.com.
IARP
About our Chapter:
Your Carolina Board members are as follows:
Clarann Hull, President
Tina Bryant, Past-President
Lynne Sposito, Treasurer
Members at Large: Jackie Jessie, Alice Farrar,
Membership update: The Carolinas Chapter currently has 168 members! Remember to keep recruiting your colleagues and co-workers. We need to continue growing our membership in order to have a voice with our lawmakers in NC and SC! If you are interested in serving on the membership committee, please contact
Training and seminars:
IARP Forensic Conference –
News from our Members:
From Judy Sedor:
SSA contracted for a study regarding use of functional/vocational expertise in the disability determination process. Study is complete and available (finally!) at:
http://www.webility.md/social-security-reports.htm
... in case any members are interested.
Please note that this is a report back to SSA and not an SSA final plan. We are hoping that there will be some changes - including raising fees for VE testimony in hearings - but no timeframe is set. IARP is keeping a close eye on what is evolving because the way the report treats rehabilitation counselors is not very good - and they certainly do NOT understand the role of forensic vocational rehabilitation practitioners in the private sector - let alone expertise being provided currently by VE's - most of whom are vocational rehabilitation practitioners from the private sector.
Just wanted to call your attention to this. It is my understanding that no new VE applications to provide services will be accepted until sometime in 2008.
The latest from SC reported from Jo Lee MacLeod:
From: SC Workers' Compensation Educational Association [mailto:SC_Workers_Compensation_Educatio@mail.vresp.com]
Sent:
To: Jo Lee MacLeod
Subject: The Latest News in
|
From Ted Sawyer:
It has been my privilege to provide Vocational Rehabilitation services to the injured workers of
We who seek to work within the Worker Compensation system are charged with delivery of services under challenging circumstances. Often we find ourselves being marginalized and our effectiveness diminished due to the competing interests of the parties involved in the worker compensation system. As a result, we are increasingly challenged as to our effectiveness in providing meaningful value to the lives of those we seek to serve.
Since the implementation of the Rules for Rehabilitation Professionals adopted by the NC Industrial Commission, there has persisted considerable disagreement regarding the meaning of the term “suitable employment”. More specifically, there is a lack of consensus as to what objective criteria would constitute suitability. While the Vocational Rehabilitation professionals generally believe that such determination can be made by their professional group, the ambiguity of the language has allowed other parties to assert the right to make such determination.
The inability to embrace specific objective standards has hampered the Rehabilitation Professional’s ability to fully utilize their skills and abilities to the betterment of the injured workers and the enhancement of the administration of the Worker Compensation statues.
I believe that it is time for the professional community of Vocational Rehabilitation Professionals providing services to injured workers under the Act to come together in common purpose to define ourselves in a manner that enhances our credibility and provides leadership and clarity to our role in providing professional rehabilitation services.
It seems clear to me that the primary responsibility of the Vocational Rehabilitation Professional is to provide a careful review of the injured workers potential to be restored as nearly as practicable to the demonstrated capacity to earn wages achieved prior to the injury. This involves a systematic analysis and documentation of all factors which may impact the achievement of this goal. It is first and foremost a study of all factors relating to the potential success of the rehabilitation effort.
We must be able to provide a well documented rationale of the injured workers’ employment potential and present this as our first (and oftentimes only) work product. We must be prepared to carefully evaluate whether rehabilitation services are needed, and more importantly, whether those services are welcomed by the injured worker.
We must be willing to refuse to provide services when we are convinced that it would not result in successful completion of a carefully constructed Individualized Rehabilitation Plan. The long term viability of our profession in
While Job Placement is a legitimate service and appropriate in many circumstances, it should never be the reason for the referral to a Vocational Rehabilitation Professional. The decision to implement Job Placement services should be a considered aspect of an Individualized Rehabilitation Program. The rationale should be carefully documented and agreed upon by the injured worker prior to implementation.
No injured worker should be compelled to participate in any Vocational Rehabilitation Program. Let’s face it; forcing someone to accept our services is just not good rehab, regardless of what the rules may require. The Rehabilitation Counselor can certify that such activity will (or will not) likely result in a restoration of pre-injury earnings with additional consideration given to the recovery of benefits enjoyed prior to the injury. While there may be disagreement as to what degree of recovery should be sought, we must be prepared to offer a consensus parameter that we ourselves feel represents appropriate restoration. When we are credible, our opinions matter.
Conversely, no employer should be compelled to agree to sponsor a Rehabilitation program which will result in employment in occupations paying in excess of pre-injury wages. If the Rehabilitation Professional offers a rehabilitation plan, it should document and establish a reasonable parameter of earning capacity. For purposes of IWRP development and implementation, any variation from this earnings parameter should be done only at the mutual consent of the parties.
An appropriate Individualized Written Rehabilitation Program should include a thorough review of the impact, both functional and non-functional, of the compensable injury as well as any other limitations which may impact the rehabilitation effort. It is important to understand all factors which may limit or enhance the completion of a successful Vocational Rehabilitation program.
Rehabilitation goals should be justified by appropriate documentation. Examples of such evidence may include, but not be limited to, academic, vocational, aptitude, interest testing, labor market information, census bureau data, and targeted employer surveys. Such objectives should include occupational goals, services required to reach those goals, and earnings projection upon attainment of rehabilitation.
IWRPs must include measurable progress benchmarks and defined completion date. There must be clearly defined roles and responsibilities for the injured worker, other participating parties, and the Rehabilitation Counselor in order to insure a mutual investment in the success of the program. No IWRP should allow for extensions without written justification and completion dates identified. No IWRP may be extended except by the mutual agreement of all parties.
At any point in the implementation process the Vocational Rehabilitation Counselor determines that successful completion is unlikely following reasonable attempts to resolve the issues impeding progress, the counselor should document the reason for suspension of services and render an opinion regarding employability and earning capacity. At that point the file should be closed.
Given the challenges of the statues regarding earning capacity within the context of permanent partial disability determination, I believe that it should be the desire of Vocational Rehabilitation Professionals to no longer be involved in unproductive, adversarial activities, and focus instead upon the provision of well defined and beneficial rehabilitation services and credible, objective information for the North Carolina Industrial Commission.
While limiting the scope and duration of vocational rehabilitation, it is hoped that the results will be the provision of services to those who desire to benefit from them, and the provision of credible earning capacity information for those who seek to focus upon claim resolution.
For these reasons I am proposing that the Rehabilitation Professionals of
Imagine, if you will, a time when every claim received an assessment, and only those who desired services would be offered a Rehabilitation Plan. It would be the end of the “horror stories” which are told by members of the Plaintiff Bar and the Industrial Commissioners We simply will no longer allow ourselves to be drawn into such cases.
Imagine further that because we are able to establish realistic expectations with our customers, we no longer are seen as expensive providers with little results. I think that our willingness to establish clear service provision guidelines, supported by our peers, will ultimately result in greater service opportunities for all of us.
I encourage open dialogue and debate among ourselves, but please understand that this must be widely supported by the practicing professionals, and cannot be left to professional organizations and their membership alone. This effort must be inclusive in order to prevail. I think that if this idea has merit among you, an independent commission could be established and a formal document could be drafted for the endorsement of the practitioners at large.
Keep in mind, any such Standard would be owned by The Rehabilitation Professionals alone, and we alone would have the power to determine content. The degree to which we create something that has a positive impact upon our profession would be driven not by the rules of the Industrial Commission, or the arguments of the Bar, but by the power and clarity of our message, and the courage to stand by our principles. The time to claim our profession and define ourselves has never been better.
It is my hope that the Rehabilitation profession will recognize that by establishing a Standard of Practice, the provision of open ended, ambiguously defined objectives will not be considered as appropriate rehabilitation practice. By clearly defining and implementing this scope of practice, we can expect greater success with motivated injured workers while providing well documented information regarding the injured workers’ ability to attain “suitable employment” to the parties seeking to resolve worker compensation claims.
Respectfully Submitted
Ted H Sawyer, MA, CRC, CDMS, LPC
Regional Updates – The Triangle (NC) regional group meets the second Friday of every other month at
The Low Country (SC) meets the first Tuesday of every month, except July and January at
About our members and others in the rehab community:
Please keep the following members in your thoughts and prayers:
Beverly Jeter, whose husband passed away suddenly last month
Dale Warrick, whose grandson, Noah who has been diagnosed with Rasmussen’s Disease (a rare chronic inflammatory disease that usually affects only one hemisphere of the brain). He most likely will face brain surgery.
On a happier note:
Congratulations to Kathy Wickizer who recently married and is now Kathy Thaman!
Congratulations to
Industrial Commission info:
As most of you already know, Buck Lattimore stepped down as Chairman of the NCIC to assume a position as a Commissioner. Governor Easley appointed Pam Young to the Chair Position. We wish her well in her new role and hope she will continue the support of the rehab community.
Legislative Update:
A reminder from the last newsletter:
Want to help raise funds for our lobbyist effort? As many of you know, one of our Chapter goals is to be able to retain our own lobbyist to keep us abreast of what is going on in our industry, BEFORE it happens. Our chapter has $5000. in the current budget, but needs much more in order to afford a lobbyist. One way we have decided to raise funds is to sell advertising space on our website. If you would like to advertise your business, send a note to
The Legislative Committee of IARP-Carolinas plans to meet prior to the upcoming seminar and will have an update report for the next newsletter. Thanks to those who volunteer for this committee!
Our Work Does
Deadline for next IARP-Carolinas newsletter