Attorney Wesley Lawrence is a defense attorney with 20+ years of expereince representign employers in workers’ compensation disputes.

1. Please explain/define an IVE

An IVE is an Independent Vocational Evaluation.  The goal of VR services is, generally, to help injured workers who can return to work, despite their injuries, get back to work.  Disagreements can occur over whether, or to what extent an injured worker is able to return to suitable employment, and what tools and services are necessary to accomplish a return to work.  An IVE provides a second set of eyes, from a Vocational Rehabilitation Counselor that has not previously provided services to that injured worker, to determine whether services provided by or proposed by the assigned Counselor are reasonable, consistent with the rules governing VR services, and even what additional or alternative services could be provided to ensure the best chance of a successful return to work.

2. When do you determine there is a need to refer for an IVE? What are the objectives in assigning an IVE to a counselor?

Whenever a concern arises with the VR services being provided to an injured worker that is unlikely to be resolved through the collaborative process, working directly with the assigned Counselor, injured worker and/or their attorney. This could involve concerns over the practicality, cost, or time to complete a proposed Return to Work Plan, or concerns over a Counselor’s recommendations to close VR because services are unlikely to restore an injured worker to suitable employment.

3. What do you consider when choosing a vocational counselor to complete an IVE?

I consider the experience of the Counselor, ability to review a file and prepare a report in a typically short window of time, as well as the thoughtfulness and clarity of the conclusions they offer.  

4. What are some of the outcomes that have confirmed an IVE was an appropriate aspect of the process? 

Identifying suitable positions, steps that could be taken, or VR goals not considered by the assigned Counselor that may return an injured worker to work sooner.