reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board › 8 AAC 45.435 - Review of rehabilitation specialists

Current through May 31, 2024
(a) An
				administrator shall review a rehabilitation specialist's work at least once
				each calendar year.
(b) If the
				administrator determines that the work completed by a rehabilitation specialist
				during the review period does not meet the standards of
				8 AAC 45.440(a)(1) or (2)(A) or (B),
				the administrator shall identify the deficiencies in the rehabilitation
				specialist's work in writing to the rehabilitation specialist. The
				administrator shall schedule a meeting to discuss the concerns in the letter
				with the rehabilitation specialist.
(c) After a meeting as set out in (b) of this section, the
				administrator may
(1) put the rehabilitation
				specialist on a probationary rotation as set out under
				8 AAC 45.420(d);
(2) put the rehabilitation specialist on a
				plan of correction as set out under
				8 AAC 45.440(b); or
(3) take no further
				action.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board › 8 AAC 45.440 - Removal of rehabilitation specialists

Current through May 31, 2024
(a) The
				administrator may disqualify a rehabilitation specialist from providing
				services under
				AS
				23.30.041 if the rehabilitation specialist
(1) demonstrates unsuitable
				behavior;
(2) fails to
(A) timely file two or more eligibility
				evaluations, eligibility evaluation reports, or plan reports during a
				three-month period;
(B) provide
				rehabilitation services;
(C) adhere
				to statutory or regulatory requirements; or
(D) maintain workers' compensation insurance if the rehabilitation
				specialist has employees;
(3) engages in unethical conduct as defined by the ethics
				committee of an appropriate professional rehabilitation organization;
(4) knowingly falsifies information provided
				in connection with the rehabilitation specialist's application;
(5) is subject to disciplinary action or
				decertification by an appropriate certifying agency or professional
				organization;
(6) commits
				fraudulent billing or reporting;
(7) is convicted in a state or federal court of any offense
				involving moral turpitude; or
(8)
				is declared mentally incompetent by a court of competent
				jurisdiction.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board › 8 AAC 45.445 - Activities to be performed only by the certified rehabilitation specialist

Current through May 31, 2024
For purposes of
				  AS
				  23.30.041(m), only the
				  certified rehabilitation specialist assigned to a case may perform the
				  following activities:
(1) acting as
				the primary contact for the employee and for the employer or insurer;
(2) conducting the interviews with the
				employee and employer;
(3)
				selecting appropriate job titles in accordance with
				8 AAC 45.525(a) (2);
(4) determining whether specific vocational
				preparation has been met and which job titles are submitted to a
				physician;
(5) meeting with the
				physician;
(6) evaluating physician
				responses;
(7) evaluating an
				employer's offer of alternate employment;
(8) evaluating previous rehabilitation and
				dislocation benefits in prior claims;
(9) making a recommendation regarding the
				employee's eligibility;
(10)
				selecting the occupational goal, method of training, and specific training
				provider for a reemployment benefits plan;
(11) providing vocational guidance and
				counseling;
(12) reviewing and
				signing all reports and accompanying forms.
Authority:
AS
					 23.30.005
AS
					 23.30.041
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board › 8 AAC 45.490 - Gross hourly wages

Current through May 31, 2024
For purposes of
				  AS
				  23.30.041, "gross hourly wages at the time of
				  injury" is determined as follows:
(1)
				For an injury that occurred before July 1, 2000, if the employee was paid on an
				hourly basis at the time of injury, gross hourly wages are the actual hourly
				wage at the time of injury, exclusive of premium time or overtime.
(2) For an injury that occurred on or after
				July 1, 2000, if the employee was paid on an hourly basis at the time of
				injury, gross hourly wages are the actual hourly wage at the time of injury
				including premium time and overtime.
(3) If the employee was paid on a weekly or
				monthly salary basis at the time of injury
(A) the weekly salary must be multiplied by
				52 and divided by 2080 to compute gross hourly wages; or
(B) the monthly salary must be multiplied by
				12 and divided by 2080 to compute gross hourly wages.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board › 8 AAC 45.500 - Reporting requirements

Current through May 31, 2024
(a) Regardless of
				the employee's date of injury, the rehabilitation specialist whose name appears
				on the referral letter must prepare and file with the administrator all
				evaluations, reports, and plans for an employee receiving rehabilitation
				assistance under the Act and this chapter. If the administrator has prescribed
				a report form for an evaluation or plan, the rehabilitation specialist must
				file with the administrator the completed form together with the evaluation or
				plan. The rehabilitation specialist shall personally sign the original forms
				and reports. The rehabilitation specialist must serve copies of all
				evaluations, reports, and plans upon the employer and the employee.
(b) An itemized billing statement must
				reflect, for each activity, the date of service, the activity performed, the
				name of the individual who performed the activity, and the fee charged for the
				activity. The original billing statement shall be submitted to the employer for
				payment and copied to the employee and the administrator. Billing statements
				not in compliance with this subsection will not be processed for
				payment.
Authority:
AS
					 23.30.005
AS
					 23.30.041
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board › 8 AAC 45.505 - Stipulation to eligibility for reemployment benefits

Current through May 31, 2024
(a) For compensable
				injuries occurring on or after November 7, 2005, an employee and an employer
				may stipulate to the employee's eligibility for reemployment benefits. The
				stipulation must be in writing, and completed on a form prescribed by the
				administrator.
(b) No more than
				five working days after the administrator receives the completed stipulation
				form, the administrator shall send a notice to the employee and the employer
				that includes the information required under
				8 AAC 45.530(c) (1) - (3).
Authority:
AS
					 23.30.005
AS
					 23.30.041
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board › 8 AAC 45.507 - Notice of employee rights to reemployment benefits

Current through May 31, 2024
(a) For compensable
				injuries occurring on or after November 7, 2005, if the employee has been
				totally unable to return to the employee's employment at the time of injury for
				45 consecutive days as a result of the injury, the employer shall notify the
				administrator in writing on the 46th day. The notification must be completed on
				a form prescribed by the administrator. No more than 14 days after the 45th
				day, the administrator shall notify the employee of the employee's rights to
				reemployment benefits.
(b) If the
				employee has been totally unable to return to the employee's employment at the
				time of injury for 90 consecutive days, as a result of the injury, the employer
				shall notify the administrator, in writing, on the 91st day. The notification
				must be completed on a form prescribed by the administrator.
Authority:
AS
					 23.30.005
AS
					 23.30.041
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board › 8 AAC 45.510 - Request for reemployment benefits eligibility evaluation

Current through May 31, 2024
(a) For injuries
				occurring on or after November 7, 2005, if the employee has been totally unable
				to return to the employee's employment at time of injury for at least 60
				consecutive days, but less than 90 consecutive days, as a result of the injury,
				the employee or employer may request an eligibility evaluation for reemployment
				benefits. The requesting party must file with the administrator and serve all
				other parties with
(1) a written request for
				the evaluation;
(2) a physician's
				prediction the injury may permanently preclude the employee from returning to
				the employee's job at the time of the injury; and
(3) documentation the employee has been
				totally unable to return to the employee's employment at the time of the injury
				for at least 60 consecutive days, but less than 90 consecutive days, as a
				result of the injury.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board › 8 AAC 45.522 - Ordering an eligibility evaluation without a request

Current through May 31, 2024
(a) For injuries
				occurring on or after November 7, 2005, if an employee has been totally unable
				to return to the employee's employment at time of injury for 90 consecutive
				days as a result of the injury, the administrator shall refer the employee for
				an eligibility evaluation, unless the employer controverts on grounds
				identified under
				AS
				23.30.022,
				23.30.100,
				23.30.105, and
				23.30.250, or
				8 AAC 45.510(b). If reemployment
				benefits have been controverted on any of these grounds, the administrator
				shall forward the matter to the board to conduct a prehearing conference and
				hold a hearing in accordance with
				8 AAC 45.510(b).
(b) If a controversion notice has not been
				filed under (a) of this section, the administrator shall, no later than five
				working days after notice received under
				8 AAC 45.507(b), send a letter to the
				parties identifying the name and address of the rehabilitation specialist
				selected in accordance with
				AS
				23.30.041(c) to evaluate the
				employee.
(c) If the rehabilitation
				specialist assigned to complete an eligibility evaluation is performing any
				other work on the same workers' compensation claim involving the injured
				employee, or if the person that employs an assigned rehabilitation specialist
				is performing any other work on the same workers' compensation claim involving
				the injured employee, the rehabilitation specialist shall notify, in writing,
				the administrator and the parties no later than five working days after
				receiving the referral letter. The administrator shall select a different
				rehabilitation specialist in accordance with
				AS
				23.30.041(c) to evaluate the
				employee.
(d) No later than 10
				working days after receipt of the administrator's letter selecting a
				rehabilitation specialist, the employer at the time of injury or the employer's
				adjuster shall forward a copy of the employee's resume and job application, and
				a job description or summary of the employee's job duties, if available, to the
				rehabilitation specialist, the employee, and the administrator. The employer or
				employer's adjuster shall also forward a copy of the report of injury and all
				medical reports, compensation reports, and controversions to the rehabilitation
				specialist, the employee, and the administrator.
Authority:
AS
					 23.30.005
AS
					 23.30.041
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board › 8 AAC 45.525 - Reemployment benefit eligibility evaluations

Current through May 31, 2024
(a) If an employee
				is found eligible for an eligibility evaluation for reemployment benefits under
				AS
				23.30.041(c), the
				rehabilitation specialist whose name appears on the referral letter shall
(1) interview the employee and the employer
				and review all written job descriptions existing at the time of injury that
				describe the employee's job at the time of injury;
(2) review the appropriate volume listed in
				(A) or (B) of this paragraph and, based on the description obtained under (1)
				of this subsection, select the most appropriate job title or titles that
				describe the employee's job; if the employee's injury occurred
(A) on or after July 2, 1998 but before
				August 30, 1998, the rehabilitation specialist shall use the United States
				Department of Labor's
Selected Characteristics of Occupations Defined
				in the Dictionary of Occupational Titles
(1981)
				(
SCODDOT
);
(B) on
				or after August 30, 1998, the rehabilitation specialist shall use the 1993
				edition of the United States Department of Labor's
Selected
				Characteristics of Occupations Defined in the Revised Dictionary of
				Occupational Titles
(
SCODRDOT
) unless, under
				AS
				23.30.041(p), the board has
				designated a later revision or version of that volume; and
(3) submit all job titles selected under (2)
				of this subsection to the employee's physician, the employee, the employer, and
				the administrator.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board › 8 AAC 45.530 - Determination on eligibility for reemployment benefits

Current through May 31, 2024
(a) No later than
				14 days after receiving a rehabilitation specialist's eligibility evaluation
				report for an employee injured on or after July 1, 1988, the administrator
				shall determine whether the employee is eligible or ineligible for reemployment
				benefits, or that insufficient information exists to make a determination on
				the employee's eligibility for reemployment benefits. The administrator shall
				give the parties written notice by first class mail of the determination, the
				reason for the determination, and how to request review by the board of the
				determination.
(b) If the
				administrator determines the eligibility evaluation is not in accordance with
				8 AAC 45.525, or the information in the board's case
				file is insufficient or does not support the eligibility recommendation, the
				administrator
(1) may not decide the
				employee's eligibility for reemployment benefits; and
(2) shall notify the employee, the employer,
				or the rehabilitation specialist
(A) what
				additional information is needed, who must submit the information, and the date
				by which the information must be submitted so eligibility can be determined;
				or
(B) that the administrator shall
				reassign the employee to a new rehabilitation specialist in accordance with
				8 AAC 45.430.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board › 8 AAC 45.535 - Election of either a job dislocation benefit or a rehabilitation specialist

Current through May 31, 2024
(a) No later than 30 days after receipt of
				the administrator's notice under
				8 AAC 45.530 of the employee's eligibility for benefits,
				the employee must file the completed election form with the administrator and
				serve a copy upon the employer that provides notice of the employee's
(1) election of a job dislocation benefit
				under AS
				23.30.041(g)(2);
				or
(2) selection of a
				rehabilitation specialist under
				AS
				23.30.041(g)(1).
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board › 8 AAC 45.540 - Rehabilitation specialist assignment for reemployment benefits

Current through May 31, 2024
If the employer objects in accordance with
				  8 AAC 45.535(c) to the employee's
				  selection of a rehabilitation specialist, the administrator shall notify the
				  employee and employer by mail of the rehabilitation specialist to be assigned.
				  The following actions may be taken in response:
(1) within 10 days after receiving the
				administrator's notice, either the employer or the employee may file with the
				administrator a written notice objecting to the assignment; a copy of the
				notice must be served upon the other party and the rehabilitation
				specialist;
(2) if no objection is
				filed in accordance with (1) of this section, the rehabilitation specialist
				shall begin formulating a reemployment plan.
Authority:
AS
					 23.30.005
AS
					 23.30.041
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board › 8 AAC 45.542 - Change of rehabilitation specialist

Current through May 31, 2024
(a) If an employee
				has selected or been assigned a rehabilitation specialist to perform an
				evaluation or to develop a plan and, before the evaluation is completed or the
				plan is formulated, a change of residence by the employee or a change of
				business address by the rehabilitation specialist places the employee and
				rehabilitation specialist in different geographical locations, upon written
				notice that the worker or rehabilitation specialist has relocated, the
				administrator may assign another rehabilitation specialist to complete the
				evaluation or develop a plan.
(b)
				If, under (a) of this section, the administrator assigns another rehabilitation
				specialist, the administrator will make the assignment in accordance with
				8 AAC 45.430.
Authority:
AS
					 23.30.005
AS
					 23.30.041
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board › 8 AAC 45.550 - Plans

Current through May 31, 2024
(a) If an employee is found eligible for
				development of a reemployment plan, the rehabilitation specialist whose name
				appears on the referral letter shall
(1)
				interview the employee, and conduct testing if needed, to complete an inventory
				in accordance with
				AS
				23.30.041(h)(2);
(2) document the employee's permanent
				physical capacities, in accordance with
				AS
				23.30.041(h)(2), and the
				estimated date of medical stability in accordance with
				AS
				23.30.041(h)(7);
(3) compute the employee's remunerative
				employability wage; the wage computed under this paragraph must meet the
				standards of compensation set out in the definition of "remunerative
				employability" under AS 23.20.041(r)(7) and meet the requirements of "gross
				hourly wages at the time of injury" under
				8 AAC 45.490;
(4) determine an occupational goal for the
				employee;
(5) submit a job analysis
				of the occupational goal to a physician to predict whether the employee will
				have the permanent physical capacities to perform the physical demands of the
				job;
(6) submit research
				documenting that the
(A) plan will provide the
				employee the occupational skills necessary to be employable within the plan's
				occupational goal;
(B) occupational
				goal exists in the labor market, as defined in
				AS
				23.30.041(r)(3);
				and
(C) plan ensures remunerative
				employability under
				AS
				23.30.041(r)(7);
(7) consider all of the options
				listed under
				AS
				23.30.041(i) before
				selecting the option that will return the employee to remunerative
				employability in the shortest possible time; and
(8) write a detailed reemployment plan,
				including
(A) the findings based on the
				documentation required under (1) - (7) of this subsection;
(B) the time frame for the employee's
				reemployment plan, to include the date the plan begins and the date the plan
				ends, with a total time frame not to exceed two years from the date of plan
				approval or the date of plan acceptance, whichever date occurs first;
(C) the cost of the plan, which may not
				exceed the statutory amount under
				AS
				23.30.041 (
l
); and
(D) a finding explaining why the employee can
				be reasonably expected to satisfactorily complete the plan and perform in the
				new occupation within the time and cost limits of the plan.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board › 8 AAC 45.600 - Request for liability coverage under AS 23.30.045 (c)

Current through May 31, 2024
(a) To request
				liability coverage under
				AS
				23.30.045(c), the requesting
				party shall give the administrator notice that a written plan is being
				submitted. The requesting party shall give the notice by telephone. The plan
				that is submitted must include,
(1) a written
				request for coverage under
				AS
				23.30.045(c);
(2) a description of the services being
				provided;
(3) the time frame for
				coverage under
				AS
				23.30.045(c);
(4) the name, address, and telephone number
				of the employer who is providing the services;
(5) proof of workers' compensation insurance
				for the employer; and
(6) for
				coverage requested for on the job training;
(A) the plan must meet the requirements of
				AS
				23.30.041(h) - (o);
				and
(B) the employer must provide
				proof that the employee will receive minimum wages.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.010 - Requirements for applying and qualifying for authority to self-insure

Current through May 31, 2024
(a) An employer may apply for authorization
				to self-insure the employer's obligations under the Act if the employer has
(1) been in business within this state for at
				least the five years immediately preceding the filing of the present
				application for self-insurance authorization;
(2) safety and loss control
				programs;
(3) in combination with
				the employer's parent company or subsidiary companies of the employer, a
				minimum of 100 employees either in this state or in another state or states;
				and
(4) a tangible net worth of at
				least $10,000,000.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.015 - Requirements for a joint venture to apply and qualify for authorization to self-insure

Current through May 31, 2024
(a) The board may issue a certificate of
				self-insurance authorization to a joint venture if the partner with the
				majority interest in the joint venture is self-insured or qualified to be
				self-insured in this state and guarantees the workers' compensation obligations
				of the joint venture. In general, the joint venture must meet all the
				requirements of this chapter, and
(1) the
				agreement under which the joint venture will operate must accompany the present
				application for self-insurance authorization;
(2) the present application for
				self-insurance authorization must be filed with the board at least 60 days
				before the desired effective date when one partner is currently self-insured or
				at least 90 days before that date when there is no self-insured partner;
				and
(3) each partner in the joint
				venture must submit the financial information required by
				8 AAC 46.020(a) (3).
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.020 - Application procedures for self-insurance authorization

Current through May 31, 2024
(a) An employer
				shall apply for self-insurance authorization on a form prescribed by the
				department. The completed application must be
(1) filed with the division at least 90 days
				before the desired effective date of self-insurance;
(2) signed before a person authorized to take
				an oath, affirmation, or acknowledgement;
(3) accompanied by the employer's audited
				financial statements for the three fiscal or calendar years immediately
				preceding the filing of the application form; the employer may submit
				consolidated financial statements of the employer's parent company if the
				employer does not have its own audited financial statements and the employer is
				a majority or wholly-owned subsidiary; a governmental entity must submit
				audited comprehensive annual financial reports, including detailed schedules,
				for the three fiscal or calendar years immediately preceding the filing of the
				application form;
(4) accompanied
				by a description of the proposed excess insurance, including the effective
				dates, the types of coverage, the conditions and exclusions, the limits and
				retentions of each type of coverage, and a guarantee of coverage until the
				division receives a copy of the policies;
(5) accompanied by a parent company's
				guarantee of the subsidiary's obligations under the act, if the employer is a
				majority or wholly-owned subsidiary; and
(6) accompanied by a security deposit as
				required under
				8 AAC 46.045.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.030 - Financial factors considered for approval of an application for self-insurance authorization

Current through May 31, 2024
(a) In determining an employer's financial
				ability to meet the obligations under the Act, the board will review the
				employer's audited financial statements and other information submitted in
				support of the employer's application and will consider the
(1) ratio of tangible net worth to annual
				compensation premium;
(2) ratio of
				working capital to total assets;
(3) ratio of quick assets to current
				liabilities;
(4) ratio of tangible
				net worth to annual self-insurance retentions;
(5) ratio of current assets to current
				liabilities;
(6) ratio of debt to
				tangible net worth;
(7) ratio of
				cash flow to current liabilities;
(8) ratio of working capital to net
				sales;
(9) profit and loss
				history;
(10) form of business
				organization and relationship of parent company to subsidiary
				companies;
(11) compensation loss
				history, outstanding compensation claims liability, and proposed excess
				insurance coverage;
(12) number of
				employees;
(13) nature of the
				employer's business;
(14) safety
				program;
(15) obligations under all
				other self-insured programs including their self-insured retention
				levels;
(16) claims facilities and
				administration;
(17) financial
				trends of the employer for the last three years; and
(18) economic history and outlook for the
				employer's industry.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.035 - Factors considered for approval of a governmental entity's application for self-insurance authorization certificate

Current through May 31, 2024
In order to determine a governmental entity's financial
				  ability to meet the obligations under the Act, the board will review the
				  governmental entity's annual financial reports and consider the
(1) compensation loss history, outstanding
				compensation claims liability, and proposed excess insurance
				coverage;
(2) safety
				program;
(3) obligations under all
				other self-insurance programs, including the self-insured retention
				levels;
(4) claims facilities and
				administration;
(5) present tax
				level; and
(6) bonded
				indebtedness.
Authority:
AS
					 23.30.005
AS 23.30.075
AS 23.30.090
AS
					 44.31.020
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.040 - Security deposits

Current through May 31, 2024
(a) Unless granted an exemption by the board
				under (c) of this section, the posting of a security deposit under this section
				is required for authorization for an employer to self-insure the employer's
				obligations under the Act.
(b)
				Unless granted an exemption by the board under (c) of this section, a security
				deposit must be in the amount of $600,000 or 125 percent of the total
				outstanding accrued self-insured workers' compensation liabilities under the
				Act, whichever is greater.
(c)
				After an employer has been authorized to self-insure the employer's obligations
				under the Act for five years or more, an employer may include with the
				employer's renewal application a request for exemption for some or all of the
				employer's security requirement. The request for an exemption from posting a
				security deposit must include a statement of reasons for exemption along with
				the employer's application for renewal of self-insurance authorization. The
				board's action on the renewal application will include a determination whether
				a security deposit is necessary for that particular self-insured
				employer.
As of Register 151 (October 1999), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6) to reflect
					 the name change of the Department of Labor to the Department of Labor and
					 Workforce Development made by ch. 58, SLA 1999 and the corresponding title
					 change of the commissioner of labor.
Authority:
AS
					 23.30.005
AS 23.30.075
AS 23.30.090
AS 23.30.155
AS
					 44.31.020
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.045 - Acceptable security deposits

Current through May 31, 2024
(a) Acceptable
				security deposits only include irrevocable letters of credit from financial
				institutions authorized to conduct business in this state under
				AS
				06.01.010 -
				AS
				06.40.190.
(b) A security deposit under this section
				will be valued at the security deposit's current market value and must be
				readily convertible to cash.
(c)
				Security deposits will be assigned to the commissioner, or the commissioner's
				successors, or assigns. The deposits will be submitted to the commissioner of
				revenue. Interest accruing on a negotiable security deposit will be collected
				and transmitted at least annually to the self-insurer, if the self-insurer is
				not in default under
				AS
				23.30.170.
(d) If the self-insurer defaults under
				AS
				23.30.170 or files for bankruptcy, the
				commissioner will, through the use of the security deposit, obtain sufficient
				money to pay benefits and compensation awarded or secure a replacement policy
				of coverage. A security deposit will not be returned to a self-insurer until
				all obligations of the self-insurer have been fully discharged. After all
				obligations have been fully discharged, the division will return any remaining
				security deposit to the self-insurer.
(e) A self-insurer that ceases to self-insure
				shall notify the division and may recover the securities deposited with the
				division upon posting a special release bond issued by a corporate surety in an
				amount equal to the total value of the securities. The special release bond
				must cover all existing liabilities under the Act and remain in force until all
				obligations under the Act have been fully discharged.
Authority:
AS
					 23.30.005
AS 23.30.075
AS 23.30.090
AS
					 44.31.020
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.050 - Excess insurance

Current through May 31, 2024
(a) Both specific and aggregate excess
				insurance with policy limits and retention amounts acceptable to the board must
				be provided by each self-insurer unless the board waives this
				requirement.
(b) An acceptable
				excess insurance policy must
(1) be written by
				a casualty insurance company or reinsurance company authorized to transact that
				business in this state; the insurance company must be rated A- or higher with a
				stable or positive outlook by a nationally recognized statistical rating
				organization approved by the board;
(2) not be cancelable. except upon at least
				60 days' advance written notice by registered or certified mail to the
				self-insurer and the division; and
(3) not contain any type of commutation
				clause, unless it provides that any commutation does not relieve the
				underwriter of any liability unknown at the time of the commutation.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.060 - Decision on application

Current through May 31, 2024
(a) No later than
				30 days after receiving an application for a self-insurance certificate and all
				required supporting data, the board will approve or deny the application or
				advise the applicant of any additional information required by the
				board.
(b) If the board requests
				additional information, the application is considered denied if the information
				or a request for additional time to submit the information is not received on
				or before 30 days after the applicant received the request.
(c) If the board denies an application
				without holding an in-person hearing, the employer may request an in-person
				hearing and opportunity to submit additional information by filing a petition
				and an affidavit of readiness for hearing no later than 30 days after receipt
				of the denial notice. If the petition and affidavit are not timely filed, the
				employer waives the right to an in-person hearing.
(d) If a hearing is timely requested under
				(c) of this section, the board will give notice of the hearing in accordance
				with AS
				23.30.110. If the employer wants the board to
				consider any additional information at the hearing, the employer shall file the
				information with the board at least 10 days before the hearing.
(e) If, after a hearing under (d) of this
				section, the board denies the application, the board will issue a final written
				decision and order with findings of fact and conclusions of law. The board's
				decision and order may be appealed to the Alaska Workers' Compensation Appeals
				Commission under
				AS
				23.30.008.
Authority:
AS
					 23.30.005
AS 23.30.075
AS 23.30.090
AS
					 44.31.020
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.065 - Certificate

Current through May 31, 2024
(a) Upon approval of an application, a
				certificate of self-insurance will be issued.
(b) Except as provided in
				8 AAC 46.090(c), a certificate expires
				12 months after the certificate's effective date. A certificate applies only to
				the self-insurer and the self-insurer's subsidiaries named on the
				self-insurer's application for self-insurance. During the 12 months the
				certificate is in effect, the board may add new subsidiaries to the certificate
				or delete subsidiaries upon receipt of a written request from the self-insurer
				which includes the name and address of each new subsidiary, type of business,
				and percentage of ownership. The board may request additional information
				before determining whether to permit a new subsidiary to be added.
Authority:
AS
					 23.30.005
AS 23.30.075
AS 23.30.090
AS
					 44.31.020
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.070 - Revocation

Current through May 31, 2024
(a) The board may revoke a certificate of
				self-insurance based on
(1) failure to comply
				with the Act or regulations adopted under the Act;
(2) failure to comply with any legal order of
				the board;
(3) deterioration of
				financial condition adversely and materially affecting the self-insurer's
				ability to pay the self-insurer's obligations under the Act; or
(4) a change in business identity or
				structure which materially alters the status of the self-insurer as the
				self-insurer existed when the certificate was issued.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.080 - Application for renewal

Current through May 31, 2024
(a) A self-insurer
				shall submit an application for renewal to the board on the department's form
				number 07-6130. The completed application must be
(1) filed at least 60 days before the
				expiration of the current certificate of self-insurance;
(2) signed before a person authorized to take
				an oath, affirmation, or acknowledgement;
(3) accompanied by the self-insurer's audited
				financial statements, not previously submitted to the board in support of a
				prior certificate of self-insurance, for the fiscal or calendar year
				immediately preceding the year in which the self-insurer applies for renewal; a
				governmental entity must submit the audited comprehensive annual financial
				reports and detailed schedules, not previously submitted to the board in
				support of a prior certificate of self-insurance, for the fiscal or calendar
				year immediately preceding the year in which the governmental entity applies
				for renewal; and
(4) unless the
				requirement is waived by the board, accompanied by a description of the
				proposed excess insurance including the effective dates, the types of coverage,
				the conditions and exclusions, the limits and retentions of each type of
				coverage, and either a guarantee of coverage until receipt by the board of a
				copy of the policies or a renewal endorsement specifying the renewal terms of
				the policies is submitted to the board by the effective date of the renewal
				certificate.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.090 - Decision on renewal

Current through May 31, 2024
(a) No later than 30 days after the division
				receives the application for renewal and all supporting data, the board will
				approve or deny the application or advise the self-insurer of any additional
				information required by the board.
(b) If the board requests additional
				information, the renewal application will be considered denied if the
				self-insurer does not respond within 15 days after receiving the
				request.
(c) An extension of a
				self-insurance certificate may be granted for no more than 90 days to meet the
				requirements of the board, if a request for an extension is made in writing by
				the self-insurer and received by the board at least 15 days before the date the
				current certificate expires. If all the requirements for renewal of the
				self-insurance certificate have not been met within the time prescribed, the
				application for renewal will be denied. After considering the additional
				required information the board will either grant or deny renewal.
Authority:
AS
					 23.30.005
AS 23.30.075
AS 23.30.090
AS
					 44.31.020
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.100 - Change of business status

Current through May 31, 2024
A self-insurer that amends the self-insurer's articles,
				  charter, or agreement of incorporation in order to change the self-insurer's
				  identity or business structure or in any other manner alter the status of the
				  self-insurer that existed at the time of issuance of a certificate shall send
				  the division a copy of the amendments.
Authority:
AS
					 23.30.005
AS 23.30.075
AS 23.30.090
AS
					 44.31.020
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.110 - Additional records and reports

Current through May 31, 2024
Upon 30 days' advance written notice, the division may
				  require a self-insurer to file reports concerning the self-insurer's financial
				  condition, payroll records, accident experience, summary of losses, workers'
				  compensation payments, or outstanding workers' compensation
				  liabilities.
Authority:
AS
					 23.30.005
AS 23.30.075
AS 23.30.090
AS
					 44.31.020
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.120 - Recordkeeping

Current through May 31, 2024
(a) Unless waived by the board, a
				self-insurer shall maintain at one location within this state copies of all
				records necessary to complete and verify the accuracy of all reports and
				documents submitted to the division. If this requirement is waived, a
				self-insurer shall, upon 15 days' written notice from the division, provide
				copies of all records necessary to complete and verify the accuracy of all
				reports and documents submitted to the division.
(b) All records required under this section
				must be open to inspection by authorized division representatives during the
				self-insured's regular business hours and must be retained for three
				years.
Authority:
AS
					 23.30.005
AS 23.30.075
AS 23.30.090
AS
					 44.31.020
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.130 - Auditing

Current through May 31, 2024
The division's designated representative may audit a
				  self-insurance program at any reasonable time the designated representative
				  considers necessary. An audit may include an audit of claims files, outstanding
				  liabilities, and workers' compensation payments.
Authority:
AS
					 23.30.005
AS 23.30.075
AS 23.30.090
AS
					 44.31.020
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.195 - Waiver or modification of procedures

Current through May 31, 2024
The provisions of
				  8 AAC 45.195 apply to the waiver or modification of
				  procedural requirements under this chapter.
Authority:
AS
					 23.30.005
AS 23.30.075
AS
					 23.30.190
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 46 - Self-Insurance › 8 AAC 46.900 - Definitions

Current through May 31, 2024
In this chapter
(1)
				"Act" means the Alaska Workers' Compensation Act, as amended,
				AS
				23.30.005-23.30.400;
(2) "audited comprehensive annual financial
				reports" means, at a minimum, general purpose financial statements including
				all notes, combined statements by fund type, the individual fund statements,
				and other schedules that provide additional detailed information relative to
				the general purpose financial statements, upon which an independent auditor has
				expressed a professional opinion that the accompanying statements present
				fairly the financial position of the governmental entity in conformity with
				generally accepted accounting principles, and statistical tables that present
				various financial, economic, social, and demographic data about the
				governmental entity for the last 10 years;
(3) "audited financial statement" means a
				balance sheet, statement of retained earnings, statement of income, statement
				of changes in financial position and all notes to the financial statements,
				upon which a certified public accountant expresses a professional opinion that
				the accompanying statements present fairly the financial position of the
				employer in conformity with generally accepted accounting principles
				consistently applied, and includes tests of the accounting records and other
				auditing procedures considered necessary in the circumstances;
(4) "board" means the southern panel, or a
				quorum of that panel, of the Alaska Workers' Compensation Board chaired by the
				commissioner or the representative designated by the commissioner under
				AS
				23.30.005(b);
(5) "commutation clause" means a clause that
				provides for estimation, payment, and complete discharge of all future
				obligations for insurance loss or losses incurred, regardless of the continuing
				nature of certain losses;
(6) "to
				effect settlement within the state" means the ability to timely pay all
				compensation and medical and other benefits;
(7) "tangible net worth" means the amount
				available after subtracting total liabilities from total assets less any
				intangible assets;
(8) "actuary
				report" means an actuarial reserve analysis to estimate adequacy of loss
				reserves and outlining current conditions or future requirements of the
				self-insured necessary to meet its workers' compensation financial obligations
				prepared and signed by an independent actuary and produced in compliance with
				generally accepted actuarial practices;
(9) "commissioner" means the commissioner of
				labor and workforce development;
(10) "department" means the Department of
				Labor and Workforce Development;
(11) "division" means the division of
				workers' compensation in the Department of Labor and Workforce
				Development.
Authority:
AS
					 23.30.005
AS 23.30.075
AS 23.30.090
AS
					 44.31.020
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 55 - Fishermen's Fund › 8 AAC 55.010 - Benefits

Current through May 31, 2024
(a) To be eligible
				for benefits from the fund, a person must be a fisherman who, at the time an
				injury is sustained, is licensed in the person's own name by the state to
				engage in commercial fishing under
				AS
				16.05.480 or AS 16.43, and who is actually so
				engaged in Alaska water or is occupied in the state preparing or dismantling
				boats or gear used in commercial fishing.
(b) Unless required as a result of accidental
				bodily injury caused by the fishing endeavor, benefits may not be awarded for
(1) the services of a dentist;
(2) dental prosthetic appliances or the
				fitting of them;
(3) eye
				refractions and hearing examinations;
(4) eye glasses or the fitting of them;
				or
(5) hearing aids or the fitting
				of them.