Retraining and Rehabilitation under California’s Labor Code

Division 4.7 of the California Labor Code deals with retraining and rehabilitation. Division 4.7 was added in 1971 by Chapter 1506. Section 6200 requires every public agency, its insurance carrier, and the State Department of Rehabilitation (SDR) to jointly formulate procedures for the selection and orderly referral of injured full-time public employees who may be benefited by rehabilitation services and retrained for other positions in public service.

The primary purpose of this division is to encourage public agencies to reemploy their injured employees in suitable and gainful employment. Section 6201 requires the employer or insurance carrier to notify the injured employee of the availability of rehabilitation services in those cases where there is continuing disability of 28 days and beyond.

Section 6202 requires the initiation of a rehabilitation plan to be the joint responsibility of the injured employee, and the employer or the insurance carrier. Section 6203 requires the injured employee, when required to be at a facility away from home, to be paid a reasonable and necessary subsistence allowance in addition to temporary disability indemnity.

Section 6204 requires an injured employee agreeing to a rehabilitation plan to cooperate in carrying it out, or else that employee might have his or her right to further subsistence is suspended. Section 6205 allows an injured employee to agree with its employer or insurance carrier upon a rehabilitation plan without submission of the plan for approval to the SDR.

Section 6206 requires the injured employee to receive the medical and vocational rehabilitative services as may be reasonably necessary to restore him to suitable employment. Section 6207 provides that the injured employee’s rehabilitation benefit is an additional benefit and does not replace any workmen’s compensation benefit available to him.

Section 6208 requires the initiation and acceptance of a rehabilitation program to be voluntary upon the employer, insurance carrier, and injured employee.