Category Archives: Vocational Retraining

Vocational Retraining

KING 5 – Moratorium on Office Careers

Washington State’s Department of Labor and Industries has issued a moratorium on Office Careers retraining plans after KING 5 Investigations’ Susannah Frame reported on the company’s practices. Ms. Frame’s investigation reports, “School of Broken Promises,” have aired over the past few weeks. Links to all prior segments of Ms. Frame’s reporting are included, below.

Susannah Frame is the Chief Investigative Reporter and Specialty Reporting Coach at KING 5.  Ms. Frame’s investigation of Office Careers, an unaccredited training facility in Renton, WA, has finally drawn the attention of the Department of Labor and Industries.

Following a KING 5 investigation, Department of Labor and Industries officials said they will no longer approve requests to send injured workers to Office Careers.

Part 4: State orders halt on sending injured Washington workers to unaccredited online school

KING 5 Investigations by Susannah Frame | Aired March 3, 2020

Watch the Video

In the fourth segment of the series, “School of Broken Promises, Ms. Frame meets with an injured worker who completed a training plan at Office Careers. After 103 applications, she received 7 rejection letters, and not a single job offer.

Ms. Frame explains that, under Washington law, the Department of Labor and Industries is only supposed to utilize training facilities that demonstrate a minimum 50% placement rate – at least half of people retrained must go on to obtain jobs. Office Careers does not publish data on placement rates, yet they receive more funding from the Department of Labor and Industries than any other training facility in the state.

Ms. Frame interviewed David Johnson, owner of Office Careers. He continues to defend the practices of Office Careers instructors and the value of retraining received through their programs. He states that he has not received any complaints about it’s programs or practices.

DLI’s Moratorium on Office Careers Retraining Plans

Brian Wright received the following in an email from DLI today, March 3, 2020. We presume this is a public release.

Local media recently aired a series of investigative reports on Office Careers, a private vocational school. The allegations center on whether the school is adequately preparing students with the skills they need for employment.

L&I initiated an audit last year based on similar complaints. The audit is still in progress. Additionally, the Workforce Training and Education Coordinating Board (Workforce Board) opened an investigation into the school last week.

Effective immediately, L&I is instituting a moratorium on approving any new retraining plans for Office Careers. This will remain in effect pending the results of our audit and/or the Workforce Board investigation. We will announce any changes to this process.

Please share this message with your staff. Thank you for your partnership in helping workers heal and return to work.

Current, ongoing retraining plans are not addressed in this notice. Those plans, at this point, are allowed to continue.

Have Questions? Get Answers.

We have worked with many, many clients who successfully complete retraining programs and return to work in a new career. For many injured workers, quality vocational retraining programs bring the greatest, long-term benefit after an injury. Restoring earning capacity and/or finding satisfying work goes a long way towards making an injured whole after an accident.

If you, or a friend or family member, have any questions or concerns about a workers’ compensation claim, please feel free to contact our firm. We offer a free case analysis and are happy to discuss your questions and concerns with you. 

Prior Posts with Related Content

KING 5 INVESTIGATION OF OFFICE CAREERS – Includes Parts 1 & 2 of the series, “School of Broken Promises.”

KING 5 – STATE LAUNCHING AN INVESTIGATION INTO OFFICE CAREERS – Part 3 of the series, “School of Broken Promises.”

RETURN TO WORK – VOCATIONAL SERVICES – Information about the overall process.

Vocational Retraining

KING 5 – State Launching an Investigation Into Office Careers

Washington State is launching an investigation into Office Careers after KING 5 Investigations’ Susannah Frame reported on the company’s practices. Ms. Frame’s investigation reports, “School of Broken Promises,” have aired over the past couple of weeks. Information reported prompted the State to look into the practices of Office Careers and it’s treatment of students.

Susannah Frame is the Chief Investigative Reporter and Specialty Reporting Coach at KING 5.  Ms. Frame’s investigation of Office Careers, an unaccredited training facility in Renton, WA, has drawn the attention of the Department of Labor and Industries and Workforce, which oversees retraining programs, including those for injured workers. Workforce is now launching an investigation into Office Careers.

Office Careers provides retraining to workers injured on the job, paid for by the Department of Labor and Industries (DLI). In a multi-part series, Ms. Frame laid out, in detail, what she found when she looked into the practices and results of Office Careers.

Washington state has paid millions of dollars to the uncredited, online school that aims to re-train injured workers for office jobs.

Susannah Frame, KING 5 Investigations
Part 3: Washington State Regulators Launch Investigation Into Office Careers

KING 5 Investigations by Susannah Frame | Aired February 25, 2020

Watch the Video

In the third segment of the series, Ms. Frame meets with Jim Parker, Chief Investigating Officer at WA State’s Workforce Board. Workforce is launching an investigation into Office Careers and it’s practices will determine if it has been involved in unfair business practices. Mr. Parker’s investigation will determine whether Office Careers maintains a license to provide retraining services in Washington State.

Ms. Frame also interviewed an injured worker who, after eleven months of training, says she fears becoming homeless as she faces losing her workers’ compensation benefits. Her retraining plan is scheduled to end next month, yet she says has gained no skills that would allow her to obtain an office job.

Ms. Frame notes that David Johnson, owner of Office Careers, disagrees with the information she has been reporting. He continues to defend the practices of Office Careers instructors and the value of retraining received through their programs.

What Should Happen When Retraining Ends

After completing a valid retraining program, an injured worker should have gained the skills and experience to re-enter the job market. The Department of Labor and Industries issues a determination that the injured worker is employable, based on the completion of the retraining plan. Time loss compensation benefits end with this determination of employability.

In most cases, the claim moves towards claim closure. However, sometimes claims can remain open for ongoing medical treatment, if indicated, even if the injured worker is back to work and time loss compensation benefits are no longer being paid.

Unemployment Benefits May Be Payable

Wage and hours worked data is used by the State of Washington’s Employment Security Department to determine eligibility for unemployment insurance compensation for all workers. Unemployment benefits are usually paid to a worker after a layoff. But, when a worker is injured on the job, their eligibility data is frozen while they are off of work.

If the injured worker was qualified to receive unemployment benefits on the date of their injury – and, if they were not off of work for 6+ years – unemployment benefits may be payable after time loss compensation ends.

In most cases, unemployment can be paid during the job search phase, while the injured worker is looking for physically-appropriate work or a job in their new field after retraining. Additional assistance can be provided by Worksource. This can include additional skill-building sessions, such as interview or resume writing classes. It can also include assistance with a job search, as well as the vast database of open jobs maintained by Worksource.

We have worked with many, many clients who successfully complete retraining programs and return to work in a new career. For many injured workers, quality vocational retraining programs bring the greatest, long-term benefit after an injury. Restoring earning capacity and/or finding satisfying work goes a long way towards making an injured whole after an accident.

Have Questions? Get Answers.

If you, or a friend or family member, have any questions or concerns about a workers’ compensation claim, please feel free to contact our firm. We offer a free case analysis and are happy to discuss your questions and concerns with you.

Prior Posts with Related Content

KING 5 INVESTIGATION OF OFFICE CAREERS – Includes Parts 1 & 2 of the series, “School of Broken Promises.”

RETURN TO WORK – VOCATIONAL SERVICES

Vocational Retraining

KING 5 Investigation of Office Careers

Susannah Frame is the Chief Investigative Reporter and Specialty Reporting Coach at KING 5.  Ms. Frame’s investigation of Office Careers, an unaccredited training facility in Renton, WA, is sobering.

Office Careers provides retraining to workers injured on the job, paid for by the Department of Labor and Industries (DLI). In a multi-part series, Ms. Frame lays out, in detail, what she found when she looked into the practices and results of Office Careers.

The Investigation

Some students do not finish the program or do not pass, but they are given certificates of completion anyway. Then their benefits are cut off.

Susannah Frame, KING 5 Investigations
Part 1 – School of Broken Promises
Watch the Video

KING 5 Investigations by Susannah Frame | Aired February 17, 2020

In this initial segment, Ms. Frame interviews an injured worker struggling with his training and worried about his future. She also interviews David Jordan, founder of Office Careers, and Katherine Mason, a Seattle attorney who represents injured workers.

Part 2: Training Program Not Effective, Say Workers

Watch the Video

KING 5 Investigations by Susannah Frame | Aired February 18, 2020

In the second segment of her investigative reporting, Susannah Frame interviews two injured workers who received certificates from Office Careers and were found to be employable on that basis. She also speaks with David Jordan, owner of Office Careers, who says the certificates are meant to reward students for trying, but it is up to employers to do their own evaluation of any candidate for hire. Claimant attorney Elizabeth LePley and DLI employee Rich Wilson, who oversees the worker retraining program, are also interviewed.

Our Experience with Office Careers

In our experience, injured workers with complex scenarios are offered retraining through Office Careers when other options are not readily available. This can be the result of limited skills or experience with computers, technology, or office work. Or, it may be that the worker’s level of education would hinder their ability to attend a college program. Language issues may also be present. Whatever the reason, Office Careers can be a tool for vocational counselors, and the State of Washington, to satisfy the requirements of showing that an injured worker is employable. Once found to be employable, the worker’s compensation is terminated.

Our firm has had many clients who participated in Office Careers retraining plans, some completing their program and some not. The most troubling cases involved aspects of an at-home training plan that seemed doomed to fail from the start.

Trust Your Instincts

I tell injured workers to trust their instincts. If things don’t feel right, they likely aren’t right.

Nobody is taught how the workers’ compensation works, they only learn after they’re injured. Getting advice along the way is wise. Most claimant attorneys, including our firm, offer free consultations.

Prior Posts with Related Content

RETURN TO WORK – VOCATIONAL SERVICES

Vocational Retraining

Return to Work – Vocational Services

In Washington State, a worker injured on the job must return to work, or be found able to return to work, before the workers’ compensation claim can be closed. Vocational services may be needed to facilitate a return to work. In rare cases where the worker remains permanently unable to work, a total disability pension may be awarded.

The Department of Labor and Industries (DLI) is not required to find the injured worker a job, but is required to document that the worker has the ability to obtain and maintain employment. DLI is not required to return a worker to their pre-injury earnings, either. Minimum wage or better is all that’s needed to establish employability.

How Vocational Services Work

If an injured worker cannot return to their job of injury, a vocational counselor (VRC) is assigned. The VRC will research options to determine if the worker has the skills and physical ability to perform a modified job with the same employer or, if not, another job within the general labor market. This ability to work assessment follows WAC 296-19A-065 as it’s foundation.

The information provided to workers entering the ability to work assessment phase can be found, here.

If the worker does not possess the skills and abilities to obtain and maintain employment after an injury, vocational retraining services can be provided to return the worker to employability. The claim progresses to a Plan Development phase, during which specific retraining goals are evaluated.

Retraining benefits under a workers’ compensation claim are generally limited to two years and a budget of $18,660.46, total, for tuition and expenses. Time loss compensation continues to be paid under the claim while the worker is participating in retraining.

Possible retraining plans that fall within the time limit and budget and that lead to a job that is medically appropriate and is likely to result in the worker obtaining employment can be on the table.

There Are Options

Once a retraining plan is offered to an injured worker, they have a choice to make – whether to participate in the plan, known as Option 1, or to opt out and pursue other training or schooling on their own – Option 2. The worker can begin the plan and then change their mind, within defined time limits.

DLI has detailed information about training options, here.

How Legal Representation Can Help

We believe that we get the best outcomes when we are involved in a claim early in the return-to-work evaluation process.

There can be disagreements about a worker’s actual physical abilities and stamina, which are both important factors in an accurate determination of their ability to return to full employment. There can be disagreements about the worker’s transferable skills and whether they support their ability to return to work. There also can be disagreements about a worker’s ability to benefit from retraining services.

These and other disagreements over vocational conclusions can lead to disputes, protests, appeals and, sometimes, litigation. Determinations are often reached quickly. The deadline for filing a vocational determination dispute is very short – 15 days. While we are willing to get involved in cases at any stage, it is more difficult to address the many facets of a vocational determination late in the process.

If you have questions about vocational services, feel free to contact us. We would be happy to discuss the specific details of your case with you.

Prior Posts On Topic

Rulemaking, Vocational Retraining

Changes to Vocational Rules Adopted

Changes to vocational rules have been adopted, implementing enhanced AWA (ability to work assessment) services and providing enforcement mechanisms for actions against VRCs and vocational firms.

We wrote about the changes under consideration when they were proposed over the summer. See Vocational Recovery Services. Our firm has represented claimants in many cases where vocational services or outcomes have been at issue. Often, the issues can best be addressed early in the claim, while the worker is participating in vocational services. In other cases, litigation is pursued.

You may read the full notice about the changes to vocational services rules issued by DLI, excerpted below, here.

The WA Department of Labor and Industries (DLI) adopted the proposed changes to WAC 296-19A on Oct. 22, 2019. The new rules were first proposed in August, and go into effect Jan. 1, 2020.

The adopted rules outline vocational recovery services to align with RCW 51.32.095 which places a high priority on returning a worker to employment.

The rule changes also:

  • Establish certain expectations for vocational firms.
  • Clarify when VRCs and vocational firms may be subject to corrective actions or sanctions.
  • Spell out what those sanctions include.

You can review the adopted rule language on DLI’s website for rule development.

DLI is developing training for vocational providers that will assist them in meeting these expectations, and applying worker centric vocational recovery best practices.

Return to Work, Vocational Retraining

Vocational Recovery Services – New Rules Proposed

New rules proposed by WA Department of Labor and Industries (L&I) would add vocational recovery services as the first services provided by vocational rehabilitation counselors (VRCs) in most State Fund cases. This would replace the current early intervention services, with similar steps to be taken. The intent is to better align the rules with the state law that places a high priority on returning a worker to employment after an injury.

Vocational Recovery Services

In recent years, L&I has made significant changes intended to reduce process delays so that vocational providers can more effectively engage injured workers, employers, and medical providers before long-term disability sets in. Reported results include higher return-to-work rates and reduced costs for L&I.

For an injured worker, the effect of these changes is that a vocational counselor is assigned to their claim early in the process. VRC’s are tasked with a multi-step effort to try to return the injured worker to employment as soon as possible after an injury, either with the employer of injury, a past employer or a new one. The VRC may obtain work and education history from the worker as well as physical restrictions from the attending physician. Any proposed job offers are run by the physician for review and approval or modifications, if appropriate.

Often, once these initial steps are done, the VRC will remain assigned to the claim to monitor progress with treatment and continue with efforts towards returning the worker to some type of work, as quickly as possible. It is not uncommon for us to see VRCs stay on a claim even when surgery is on the horizon.

Vocational Recovery Services – Review Proposed Changes

The proposed rules are available for review on L&I’s website for rule development.

The Proposed Rule Making notice, with explanations of the changes and the expected effect of those changes, can be found here. The full text of the existing rules along with proposed changes and additions can be found here.

Provide your input to L&I

Changes in vocational rules have the potential to impact the benefits received by an injured worker, both monetary and vocational. For this reason, I recommend that you review the proposed rule changes and provide your input to the Department of Labor and Industries during the public comment period, which closed on October 4th.

You may provide input in writing by email, mail, or fax through 6 p.m. on Oct. 4th. You may also participate in a public hearing at 10 a.m. on Oct. 2 at the Department of Labor and Industries in Tumwater. L&I will consider all input before preparing the final rules this fall.

Going Back to School, Vocational Retraining, Workers Finish Retraining Programs

Don’t Believe What Insurance Carriers Say: Workers Do Finish Retraining Programs

Today’s post comes from guest author Charlie Domer, from The Domer Law Firm.

“He’ll never go back to school.”  “He’ll never complete school.”

As a representative of injured workers, I hear those refrains on repeat from insurance carriers.  And, guess what?  It’s just not true.

Vocational retraining claims straddle the line between being a worker’s advocate and being their social worker.  Under the law, if an injured worker has permanent limitations following an injury that does not allow them to return to their former employer, they can pursue vocational retraining benefits–which includes receiving weekly workers’ compensation benefits (2/3 of weekly wage) along with compensation for meals, parking, books, mileage and tuition.  As an advocate, I’m urging an injured worker to pursue retraining to maximize their benefits under the law.  But more importantly, I put on my “social worker” hat to encourage these workers to return to school as a means to help themselves, their families, and society as a whole.

Restoring an injured workers’ earning capacity serves as the underpinning behind vocational retraining benefits.  Simply put, we want to incentivize working.  If a worker is too injured to return to their old line of work, let’s try to get that worker retrained (presumably to a less physical field) so they can reenter the workplace and be a productive member of the economy.  Social work and advocacy fit together when encouraging a worker to go back to school.

However, far too many insurance carriers scoff at the viability of injured workers returning to school–especially after decades of absence from a school setting.  Even though not everyone is a great school candidate, I’m amazed each and every day watching my clients pursue their retraining with passion and vigor.   I feel pride and vindication when that same client forwards me a copy of their certificate or diploma after completing the program.  That document is immediately forwarded to the insurance carrier.  (I recently forwarded a completed diploma from the University of Wisconsin-Milwaukee and one from Milwaukee Area Technical College).

Most workers just want to be back working.  They want to earn income, provide for their families, and find purpose.  If a work injury knocks them out of their old job, most workers embrace the idea of going back to school and finding a new field that fits their limitations.   Even for individuals with limited eductional backgrounds, most schools provide incredible academic support or remedial programs.  Under Wisconsin law, we can claim vocational retraining benefits for remedial or GED programs, even before a worker begins a formalized program (though consulting with an attorney first is best).

I’d urge insurance carrier to not underestimate the efforts of a motivated worker.