The shame of the Workers' Compensation system has been its vocational retraining benefit, which was limited to one year and $4000 of retraining funds. Gov. Gregoire has just signed into law a vocational pilot project, which grants 2 years and $12,000 benefits; this is available for L&I vocational retraining plans which begin after Jan. 1, 2008, under ESSB 5920 amending RCW 51.32.

Some of the vocational services will be provided by WorkSource, rather than solely the traditional private vocational trainers. The employer will have only a limited 15 day window to challenge eligibility for retraining, within the first 15 days of plan development. The employer may also stop vocational retraining by offering a valid return to work offer during the first 15 days of plan development. All formal plans must be with an "accredited or licensed program or other program approved by the Department". The plan must be completed and submitted within 90 days. The plan costs may include dependent care as well as the traditional tuition, books, fees, supplies and equipment. The worker will continue to received time loss and mileage (and in some cases living expenses if away from home) outside of the $12,000 retraining cap. The cap is indexed for inflation.

A worker eligible for retraining may decline retraining currently and instead take 6 months time loss paid out bi-weekly even if the worker returns to work; the worker can then reserve the option to retrain at a later date within a 5 year period: the $12,000 in training funds will remain available if the worker takes training later but the worker will have to forego time loss.

This is a five year pilot program to determine if more meaningful retraining results in fewer pensioned disabled workers. The Department will develop rules (WACs) to flesh out the legislation.