2019 US Virgin Islands Code
Title 24 - Labor
Chapter 11 - Workers' Compensation Administration
§ 254b. Vocational rehabilitation
(a) One of the primary purposes of this act shall be restoration of the injured employee to gainful employment and to assist in lessening or removing any handicaps resulting from his injuries.
(b) An employee who has suffered an injury covered by this act who, as a result of the injury, is unable to perform work for which he has previous training or experience, shall be entitled to such vocation rehabilitation services, including retraining and job placement, as may be reasonably necessary to restore him to suitable employment. The Administrator shall refer to the Director of Vocational Rehabilitation Services all cases which in his opinion might be potential rehabilitation cases, and shall refer all cases of serious head injuries, severe back injuries, major amputations, loss of eye or hearing, heart attacks, injuries to nervous system and all cases of falls of considerable distance and severe explosions or fires.
(c) The Director of Vocational Rehabilitation Services shall evaluate the practicability of, need for, and kind of service, treatment or training.
(d) If the injured employee is not eligible for benefits under the Vocational Rehabilitation statute, the Administrator may refer such employee and the Director of Vocational Rehabilitation Services shall process such injured employee in the same manner as other vocational rehabilitation claimants and the cost of these services may be paid under this chapter provided that all costs shall be subject to the approval of the Administrator prior to the rendering of the services.
(e) If in the opinion of both the Director of Vocational Rehabilitation and of the Administrator, an employee unreasonably refuses the services and treatment recommended by the Director of Vocational Rehabilitation, the Administrator shall, by written order which sets forth the reasons, suspend the payment of further income benefits and the employee's right to further proceedings during such time as such unreasonable refusal continues; Provided, however, that the administrator shall consult with the district directors and the claimant and take into consideration any extenuating circumstances brought to light, and given a time certain, not in excess of 15 working days, consult with the claimant whenever necessary. Refusal of vocational rehabilitation benefits shall not affect the employee's right to receive medical rehabilitation.
(f) Where vocational rehabilitation requires residence at or near the facility or institution, away from the employee's customary residence, the reasonable cost of his board, lodging or travel may be allowed by the Administrator; provided that such costs arise during the period of time wherein the employee is receiving rehabilitation income benefits.
(g) The Administrator, subject to the approval of the employee and the Director of Vocational Rehabilitation Services, may allow a lump sum payment of any scheduled income benefits which an employee may be entitled to, to be utilized for the establishment or improvement of any type of small business including such things as tools, equipment, initial stocks and supplies.
(h) Rehabilitation income benefits during the period of vocational rehabilitation shall be 75% of the employee's earnings at the time of injury, not to exceed the average weekly wage in the Virgin Islands nor be less than $75 a week, except that if the wages earned were less than $75 a week, compensation shall be in a sum equal to said wages.
