(1) For claims arising before July 1, 1987, and thus subject to the provisions of Title 39, chapter 71, part 10, MCA (1979) or 39-71-1003, MCA (1985), the claimant or insurer must request vocational rehabilitation trust funds on a form provided by the department. A copy of the Individualized Written Rehabilitation Plan (IWRP) prepared by the Department of Public Health and Human Services (DPHHS) should be provided to the department with the request for trust funds.

(a) The department will determine whether the claimant is eligible for trust funds and the duration for which trust funds may be used for rehabilitation. The department will notify the claimant and insurer in writing of its decision.

(b) Disputes between the claimant and/or insurer and the department regarding the department's determination of eligibility or duration of trust funds must be brought before a department contested case hearing officer.

(2) For claims arising on or after July 1, 1987 and before July 1, 1991, and thus subject to the provisions of Title 39, chapter 71, part 10, MCA (1987), the claimant or insurer must request payment of vocational rehabilitation trust funds on a form provided by the department. A copy of the department's final order of determination finding the worker needs retraining must be submitted with the request for trust funds. In addition, a copy of the IWRP prepared by the DPHHS must be submitted with the request for trust funds.

(a) The department will determine whether the claimant is eligible for trust funds and determine the maximum duration for which trust funds may be used for rehabilitation services. The department will notify the claimant and insurer in writing of its decision.

(b) Disputes between the claimant and/or insurer and the department regarding the department's determination of eligibility or duration of trust funds must be brought before a department contested case hearing officer.

(3) For claims arising on or after July 1, 1991, payment of rehabilitation expenses is the responsibility of the insurer.