Wyoming Statutes

Wyo. Stat. § 27-14-408 (2026)

Vocational rehabilitation; application;

✓ current as of May 2026
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eligibility; plan; limitation; modification, suspension or
termination.

     (a) An injured employee may apply to the division to
participate in a vocational rehabilitation program if:

          (i) An award has been made under W.S. 27-14-405(f)
and (g) or it is reasonably expected, due to the nature and
extent of the injury, that an award will be made under W.S.
27-14-405(f) and (g);

          (ii) The compensable injury will prevent the employee
from returning to any occupation for which the employee has
previous training or experience and in which the employee was
gainfully employed at any time during the three (3) year period
before the injury;

          (iii) The employee's injury has not previously
resulted in an award for vocational disability, whether
denominated loss of earnings, loss of earning capacity or
vocational award; and

          (iv) The employee elects in writing to accept
vocational rehabilitation instead of any permanent partial
disability award under W.S. 27-14-405(h) and (j) arising from
the same physical injury.

     (b) Upon receipt of an application, the division shall
determine if the employee is eligible for participation in a
rehabilitation program pursuant to this section.

     (c) Upon final determination of an injured worker's
eligibility for rehabilitation, the division shall immediately
send a copy of the application and determination to the local
office of the division of vocational rehabilitation of the
department of workforce services.

     (d) The division of vocational rehabilitation shall upon
receipt of the determination of eligibility, immediately provide
the injured employee with a written explanation of the
rehabilitation services available to injured employees and its
procedures for developing and supervising an individualized
rehabilitation plan for the employee.

     (e) The division of vocational rehabilitation shall in
cooperation with the injured employee, develop an individualized
rehabilitation plan for the employee agreed to by both the
division of vocational rehabilitation and employee, that:

          (i) Is reasonably contemplated to restore the
employee's ability to return to former employment, a related
occupation or other suitable employment which, to the extent
reasonably possible, has an earnings level comparable to the
employee's pre-injury earnings;

          (ii) Shall not exceed five (5) years or a total cost
of thirty thousand dollars ($30,000.00) unless extended or
increased for extenuating circumstances as defined by rule and
regulation of the division;

          (iii) Is the least costly feasible plan consistent
with the rehabilitation goal established pursuant to paragraph
(e)(i) of this section; and

          (iv) Includes provisions for living expenses during
the rehabilitation plan if the employee is not receiving
payments for living expenses from any other government benefit
program including worker's compensation, and other sources of
household income are insufficient to pay minimally necessary
living expenses, provided the vocational rehabilitation program
is pursued as rapidly as possible.
     (f) The division may modify, suspend or terminate the
participation of an injured worker in the rehabilitation program
upon certification by the division of vocational rehabilitation
that the injured worker has failed to cooperate or maintain
satisfactory progress toward the mutually agreed upon
rehabilitation plan goals.
Notes of Decisions
Cited in 17 cases, 2000–2018 · leading case: Phillips v. TIC—The Indus. Co. of Wyoming, 109 P.3d 520 (Wyo. 2005).
Phillips v. TIC—The Indus. Co. of Wyoming, 109 P.3d 520 (Wyo. 2005). · cites it 3× “§ 27-14 — 405 (Lexis 2001) and/or a vocation award pursuant to Wyo. Stat. § 27-14-408 (Lexis 2001)” if appropriate.”
Tyler L. Stallman v. State of Wyoming ex rel. Wyoming Workers' Saf. & Comp. Div., 2013 WY 28 (Wyo. 2013). · cites it 2× “1985))); see Wyo. Stat. Ann. § 27-14-408 (a) (LexisNexis 2005) ("An injured employee may apply to the division to participate in a vocational rehabilitation program if .”
Worker's Comp. Claim of Carrillo v. State Ex Rel. Wyoming Workers' Comp. Div., 2005 WY 31 (Wyo. 2005). · cites it 8× “ISSUE [¶ 2] Wyo. Stat. Ann. § 27-14-408 (a)(ii) (LexisNexis 2003) provides: (a) An injured employee may apply to the division to participate in a vocational rehabilitation program if: [[Image here]] (ii) The compensable injury will prevent the employee from returning to any…”
Alvarez v. State ex rel. Wyoming Workers' Saf. & Comp. Div., 164 P.3d 548 (Wyo. 2007). · cites it 3× “In Bruhn, this Court reversed an award of benefits made under Wyo. Stat. Ann. § 27-14-408 (e) (Michie 1997) to the survivors of a woman who was killed in a car accident while driving home from a doctor's appointment necessitated by a work injury.”
Nagle v. State ex rel. Wyoming Workers' Saf. & Comp. Div., 190 P.3d 159 (Wyo. 2008). · cites it 3× “27-14-403(c) and any amount awarded under W.S. 27-14-408 shall constitute the exclusive benefit for both the physical impairment and the economic loss resulting from an injury, including logs of earnings, extra expenses associated with the injury and vocational rehabilitation.”
Anderson v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 2010 WY 157 (Wyo. 2010). · cites it 2× “The award shall be paid as provided by W.S. 27-14-408 for the number of months determined by multiplying the percentage of impairment by forty-four (44) months.”
State ex rel. Wyoming Workers' Saf. & Comp. Div. v. Faulkner, 152 P.3d 394 (Wyo. 2007). “The award shall be paid as provided by W.S. 27-14-408 for the number of months determined by multiplying the percentage of impairment by forty-four (44) months.”
State ex rel. Dep't of Workforce Servs. v. Hall (In re Hall), 414 P.3d 622 (Wyo. 2018). · cites it 2× “§ 27-14-406 (benefits awarded where injury results in permanent total disability); Wyo. Stat. Ann. § 27-14-408 (vocational rehabilitation provided where the injury prevents the employee from returning to any occupation for which the employee has previous training or experience).”
Bailey v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 2010 WY 152 (Wyo. 2010). “27-14 102(a)(xviii), the injured employee is entitled to receive a temporary total disability award for the period of temporary total disability as provided by W.S. 27-14-408(c). Wyo. Stat. Ann. § 27-14-404 (d) (LexisNexis 2009) sets out procedural requirements for filing a TTD…”
Wilson v. State ex rel. Wyoming Workers' Saf. & Comp. Div., 75 P.3d 669 (Wyo. 2003). · cites it 9× “Wilson had "actual monthly earnings at the time of injury" within the meaning of Wyo. Stat. Ann. § 27-14-408 (c) (LexisNexis 2008).”
State, Ex Rel. Wyoming Workers' Saf. & Comp. Div. v. Johnson, 2008 WY 59 (Wyo. 2008). “§ 27-14-408(g)(1)(C) (Michie Supp.1998). This amendment clearly excludes household income that was not "income of the employee" from consideration.”
Gen. Chem. Corp. v. Prasad, 11 P.3d 344 (Wyo. 2000). · cites it 10× “] Wyo. Stat. Ann. § 27-14-408 (g)(i) (Michie 1991).”
— Wyo. Stat. § 27-14-408(b) — 1 case
Nagle v. State ex rel. Wyoming Workers' Saf. & Comp. Div., 190 P.3d 159 (Wyo. 2008). “27-14-403(c) and any amount awarded under W.S. 27-14-408 shall constitute the exclusive benefit for both the physical impairment and the economic loss resulting from an injury, including logs of earnings, extra expenses associated with the injury and vocational rehabilitation.”
— Wyo. Stat. § 27-14-408(c) — 7 cases
Bailey v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 2010 WY 152 (Wyo. 2010). “27-14 102(a)(xviii), the injured employee is entitled to receive a temporary total disability award for the period of temporary total disability as provided by W.S. 27-14-408(c). Wyo. Stat. Ann. § 27-14-404 (d) (LexisNexis 2009) sets out procedural requirements for filing a TTD…”
Anderson v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 2010 WY 157 (Wyo. 2010). “The award shall be paid as provided by W.S. 27-14-408 for the number of months determined by multiplying the percentage of impairment by forty-four (44) months.”
Wilson v. State ex rel. Wyoming Workers' Saf. & Comp. Div., 75 P.3d 669 (Wyo. 2003). “Wilson had "actual monthly earnings at the time of injury" within the meaning of Wyo. Stat. Ann. § 27-14-408 (c) (LexisNexis 2008).”
Nagle v. State ex rel. Wyoming Workers' Saf. & Comp. Div., 190 P.3d 159 (Wyo. 2008). “27-14-403(c) and any amount awarded under W.S. 27-14-408 shall constitute the exclusive benefit for both the physical impairment and the economic loss resulting from an injury, including logs of earnings, extra expenses associated with the injury and vocational rehabilitation.”
— Wyo. Stat. § 27-14-408(e) — 1 case
Alvarez v. State ex rel. Wyoming Workers' Saf. & Comp. Div., 164 P.3d 548 (Wyo. 2007). “In Bruhn, this Court reversed an award of benefits made under Wyo. Stat. Ann. § 27-14-408 (e) (Michie 1997) to the survivors of a woman who was killed in a car accident while driving home from a doctor's appointment necessitated by a work injury.”
— Wyo. Stat. § 27-14-408(g) — 1 case
— Wyo. Stat. § 27-14-408(g)(1)(C) — 1 case
State, Ex Rel. Wyoming Workers' Saf. & Comp. Div. v. Johnson, 2008 WY 59 (Wyo. 2008). “§ 27-14-408(g)(1)(C) (Michie Supp.1998). This amendment clearly excludes household income that was not "income of the employee" from consideration.”
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