(1) This rule only applies to services provided to claimants with dates of injury between July 1, 1987 and June 30, 1991.

(2) Prior to referral to a rehabilitation panel, the following requirements must be met:

(a) The worker has not returned to work,

(b) the insurer has made a written request to the division, on a form approved by the division, to refer the worker to a rehabilitation panel, and

(c) the insurer has submitted to the division three copies of all of the worker's medical records, rehabilitation reports, and other pertinent information in its possession.

(3)(a) Rehabilitation panels may convene in the following cities in Montana as often as necessary in order that the rehabilitation panel evaluations are expeditiously handled:

(i) Butte

(ii) Billings

(iii) Missoula

(iv) Kalispell

(v) Helena

(vi) Bozeman

(vii) Great Falls

(b) If a worker is receiving total rehabilitation benefits, the panel shall issue a report within the time period for which the worker is eligible for the benefits, unless the period is extended by the insurer or the division as provided in section 39-71-1023(3), MCA.

(c) The worker and insurer shall be given written notice of the date and place the panel will convene.

(d) If additional information is required in order to provide a complete report, the panel shall request this information from any person or persons who have access to this information and then reconvene at a later date to complete the report.

(4)(a) The members of the rehabilitation panel, after reviewing all pertinent information submitted, shall issue a written report.

(b) The report shall be signed by each member of the panel and contain the following information:

(i) a finding of the first appropriate option in 39-71-1012, MCA, that the worker is suited for and what information supports this option, and

(ii) a finding of why any prior option in 39-71-1012(2), MCA, does not apply to this worker.

(c) If the panel's findings support the options of sections 39-71-1012(2)(a), (b), or (c), MCA, (return to the same position; return to a modified position; or return to a related occupation suited to the claimant's education and marketable skills), as suitable for returning a worker to work, the report should also contain the following information:

(i) a finding of the type of job or jobs in the worker's local and statewide job pool,

(ii) a finding that the jobs are part of the worker's job pool as defined in 39-71-1011(7), MCA, and

(iii) a finding of the worker's anticipated earnings based on his level of experience stated either as a range or an average of anticipated earnings for both the local and the statewide job pool.

(d) If the panel's findings support the options of 39-71-1012(2)(d), MCA, (on-the-job training), as suitable for returning a worker to work, the report should also contain the following information:

(i) a finding of the type or types of on-the-job training programs in the worker's local or statewide job pool,

(ii) a finding that the jobs are part of the worker's job pool as defined in 39-71-1011(7), MCA, and

(iii) a finding of the worker's anticipated earnings based on his level of experience stated either as a range or as an average of anticipated earnings for both the local and the statewide job pool.

(e) If the panel's findings support the option of 39-71-1012(2)(e) or (f), MCA, (short-term retraining program or long-term retraining program), as necessary for returning a worker to work, the report shall also contain the following information:

(i) a finding of the type and length of retraining program that has been identified as suitable for the worker and the information supporting his finding,

(ii) a finding of the positions that will be available to the worker in the local or statewide job pool following retraining, and

(iii) a finding of the worker's anticipated earnings following retraining either as a range or an average of the anticipated earnings in both the worker's local and statewide job pool.

(f) If the panel's findings support the option of 39-71-1012(2)(g), MCA, (self-employment), as suitable for returning a worker to work, the report shall also contain the following information:

(i) a finding of the area or areas of self-employment that are commensurate with the worker's abilities, education, work experience and medically determined restrictions and what information supports this finding,

(ii) a finding of the limitations the worker may have in self-employment including physical limitations and any limitations in the worker's ability to manage the business.

(iii) a finding of what assistance will be necessary in the day-to-day running of the business or in the area of business management, and

(iv) a finding of the worker's anticipated earnings from the self-employment venture.