reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 5 - Debarment › 8 AAC 30.220 - Decisions

Current through May 31, 2024
(a) Within 90 days of concluding a hearing,
				  the hearing officer will prepare a written recommendation to the director
				  containing findings of fact and conclusions of law. A copy of the
				  recommendations will be mailed or otherwise delivered to the respondent and to
				  the complainant, if any. The director may accept the recommendations, in part
				  or in whole, or may remand the matter for further hearing. The director must
				  act upon the hearing officer's recommendation and render a decision within 30
				  days.
(b) Upon making a decision,
				  the director will serve it upon the respondent by personal service or certified
				  mail. If the director determines that the respondent has disregarded its
				  obligations to employees under AS 36.05, the decision will order that the
				  respondent be placed on a list of violators who are barred from performing
				  public contracts as provided under
				  AS
				  36.05.090.
(c) In the absence of or in addition to
				  action of a state disbursing officer or local fiscal officer, the department
				  will distribute a list reflecting the names of debarred contractors and the
				  effective period of the debarment.
Authority:
AS
						23.05.060
AS 36.05.030
AS
						36.05.090
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 5 - Debarment › 8 AAC 30.230 - Appeals

Current through May 31, 2024
The director's decision is final. Appeals must be filed in
					 superior court in accordance with Alaska Court Rules of Appellate
					 Procedure.
Authority:
AS
						23.05.060
AS 36.05.030
AS
						36.05.090
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 5 - Debarment › 8 AAC 30.240 - Request for removal

Current through May 31, 2024
Any person or firm debarred under
					 AS
					 36.05.090 and
					 8 AAC 30.220 may, in writing, request removal from the
					 debarment list after six months from the date the debarment took effect. All
					 requests should be directed to the director of labor standards and safety and
					 must contain a full explanation of the reasons why such person or firm should
					 be removed from the debarred list. In cases where the contractor or
					 subcontractor failed to make full restitution of wages and fringe benefit
					 contributions to all underpaid employees, a request for removal will not be
					 considered until all underpayments, including appropriate interest, are made.
					 In other cases, the director will examine the facts and circumstances
					 surrounding the violative practices which caused the debarment and issue a
					 decision as to whether or not the person or firm has demonstrated a current
					 responsibility to comply with AS 36.05 and therefore should be removed from the
					 ineligible list.
Authority:
AS
						23.05.060
AS 36.05.030
AS
						36.05.090
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 6 - General Provisions › 8 AAC 30.900 - General definitions

Current through May 31, 2024
In this chapter and in AS 36
(1) "commissioner" means the commissioner of
				  labor and workforce development;
(2) "crafts" and "occupations" mean the
				  occupations identified in the
Standard Occupational Classification
				  Manual
(2018 edition);
Click here to view
					 image
(3) "debar"
				  or "debarment" means being placed on a list of persons who are barred from
				  performing public contracts under
				  AS
				  36.05.090;
(4) "department" means the Alaska Department
				  of Labor and Workforce Development;
(5) "director" means the director of the
				  labor standards and safety division of the department;
(6) "disregarded their obligations to
				  employees" (or a grammatical variant) as used in
				  AS
				  36.05.090 and this chapter includes any of
				  the following:
(A) failure or refusal to pay
				  basic prevailing wages;
(B) failure
				  or refusal to pay fringe benefits into the appropriate union trust, approved
				  private pension plan, or other approved fringe benefit plan within applicable
				  time limits;
(C) failure to pay at
				  least once a week;
(D) failure to
				  pay unconditionally; or
(E) failure
				  to report wage payments to employees accurately and timely as required by
				  AS
				  36.05.040;
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 6 - General Provisions › 8 AAC 30.910 - Definition of "on-site."

Current through May 31, 2024
(a) In
				  AS
				  36.95.010(3), "on-site"
				  means at the physical place where the construction called for in a contract
				  will remain when work on it has been completed and at other property used by
				  the contractor or subcontractor in the construction which can reasonably be
				  said to be included in the site because of proximity. The scope of "on-site"
(1) has the following exceptions:
(A) for a truck driver employee or truck
				  driver owner/operator working for a contractor or subcontractor on the project,
				  "on-site" encompasses all round-trip truck driving activity associated with
				  delivering or hauling away materials, equipment, or supplies for the purposes
				  of completing a public construction contract;
(B) for a truck driver employee or truck
				  driver owner/operator who is working for a contractor or subcontractor on the
				  project, and who, for the purposes of completing a public construction
				  contract, hauls materials, equipment, or supplies away from a public
				  construction project footprint, but does not return to the public construction
				  project, "on-site" encompasses the haul-away activities until the truck is
				  offloaded;
(C) a truck driver
				  performing delivery as an employee of a bona fide material supplier or common
				  carrier is not "on-site" when delivering materials from a location that is not
				  "on-site," including that material supplier's home yard or warehouse, if that
				  location is not dedicated exclusively or nearly so to performance of one or
				  more public construction projects;
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 2 - Resident Employment › Chapter 30 - Public Contracts › Article 6 - General Provisions › 8 AAC 30.920 - Definition of "economic region."

Current through May 31, 2024
In AS 36.10, "economic region" means a geographic area of
					 the state sharing similar economic or demographic characteristics.
Forms and any other assistance needed for compliance with
						8 AAC 30 may be obtained by contacting any state employment center or the
						division of labor standards and safety, P.O. Box 107021, Anchorage, Alaska
						99510.
Authority:
AS
						36.10.075
AS
						36.10.990
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 45.010 - Definitions (Repealed)

Current through May 31, 2024
Definitions for this chapter are located in
					 8 AAC 45.900, effective 5/28/83, Register
					 86.
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 45.025 - Forms

Current through May 31, 2024
(a) The division may require the use of forms
				for the reporting of any information required by this chapter or by AS
				23.30.
(b) A person may obtain a
				list of prescribed and required forms by contacting the division at its offices
				in Juneau, Anchorage, or Fairbanks.
(c) A list or form referred to in this
				chapter may be obtained by writing to the State of Alaska, Workers'
				Compensation Division, P.O. Box 115512, Juneau, Alaska 99811-5512 or on the
				division's Internet website at
http://www.labor.alaska.gov/wc/pdf_list.htm
.
The forms previously published as part of 8 AAC 45 have
					 been removed from the Administrative Code. See
					 8 AAC 45.025 regarding forms prescribed by the Workers'
					 Compensation Board and how they may be
					 obtained.
Authority:
AS
					 23.30.005
AS 23.30.012
AS 23.30.041
AS 23.30.085
AS
					 23.30.107
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 45.030 - Fees

Current through May 31, 2024
(a) The division will charge no fees for any
				act done by it except
(1) reasonable
				duplication fees may be charged for copying board files, papers, documents,
				orders, or decisions; and
(2)
				reasonable duplication fees may be charged for copying hearing
				recordings.
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 45.032 - Files

Current through May 31, 2024
Upon receiving written notice of an injury, the division
				  will
(a)
(1) establish an injury number;
(2) set up a case file in a format prescribed
				by the director, using the injury number;
(3) notify the employee or beneficiary, the
				employer, and the insurer in writing in a format prescribed by the director of
				the injury number;
(4) put the
				written notice of the injury in the case file together with documents or
				anything relating to the employee's injury that is filed with the division or
				board; and
(5) use the injury
				number as the claim number if a claim is filed.
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 45.040 - Parties

Current through May 31, 2024
(a) Except for a deceased employee's
				dependent or a rehabilitation specialist appointed by the administrator or
				chosen by an employee in accordance with
				AS
				23.30.041, a person other than the employee
				filing a claim shall join the injured employee as a party.
(b) Except for a rehabilitation specialist
				appointed by the administrator or chosen by the employee in accordance with
				AS
				23.30.041, a person who files a claim must
				first prove a compensable injury to be eligible for benefits, or the opposing
				party must stipulate to or admit facts from which the board can find the
				employee's injury is compensable.
(c) Any person who may have a right to relief
				in respect to or arising out of the same transaction or series of transactions
				should be joined as a party.
(d)
				Any person against whom a right to relief may exist should be joined as a
				party.
(e) In a death case, all
				persons, except minor children, who may be dependents or beneficiaries of the
				deceased employee, should either join or be joined as parties so the entire
				liability of the employer or carrier to the dependents or beneficiaries is
				determined in one proceeding. A minor child's claim must be filed by the
				surviving parent or other authorized representative.
(f) Proceedings to join a person are begun by
(1) a party filing with the board a petition
				to join the person and serving a copy of the petition, in accordance with
				8 AAC 45.060, on the person to be joined and the other
				parties; or
(2) the board or
				designee serving a notice to join on all parties and the person to be
				joined.
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 45.054 - Discovery

Current through May 31, 2024
(a) The testimony of a material witness,
				including a party, may be taken by written or oral deposition in accordance
				with the Alaska Rules of Civil Procedure. In addition, the parties may agree
				or, upon a party's petition, the board or designee will exercise discretion and
				direct that the deposition testimony of a witness be taken by telephone
				conference call. The party seeking to introduce a witness' testimony by
				deposition shall pay the initial cost of the deposition.
(b) Upon the petition of a party, the board
				will, in its discretion, order other means of discovery.
(c) The board or division will issue
				subpoenas and subpoenas duces tecum in accordance with the Act. The person
				requesting the subpoena shall serve the subpoena at the person's expense.
				Neither the board nor the division will serve subpoenas on behalf of a
				party.
(d) A party who refuses to
				release information after having been properly served with a request for
				discovery may not introduce at a hearing the evidence which is the subject of
				the discovery request.
(e) If an
				employer petitioned for failure to insure for workers' compensation liability
				fails to comply with the division's discovery demand not later than 30 days
				after service, the division may petition the board for an order compelling the
				employer to provide the discovery. If the employer fails to comply with an
				order by the board or the board's designee concerning discovery matters, the
				board may impose appropriate sanctions, including dismissing the employer's
				defenses and accepting the division's proffered evidence regarding estimated
				uninsured employee workdays and workers' compensation insurance premiums the
				employer would have paid had it been insured.
Authority:
AS
					 23.30.005
AS 23.30.80
AS 23.30.108
AS 23.30.115
AS
					 23.30.135
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 45.060 - Service

Current through May 31, 2024
(a) The board will serve a copy of the claim
				by certified mail, return receipt requested, upon each party or the party's
				representative of record.
(b) A
				party may file a document with the board, other than the annual report under
				AS
				23.30.155(m), personally, by
				mail, or by electronic filing through facsimile transmission or electronic mail
				in compliance with
				8 AAC 45.020(d). Except for a claim, a
				party shall serve a copy of a document filed with the board upon all parties
				or, if a party is represented, upon the party's representative. Service must be
				done personally, by facsimile, by electronic mail, or by mail, in accordance
				with due process. Service by mail is complete when deposited in the mail if
				mailed with sufficient postage and properly addressed to the party at the
				party's last known address. If a right may be exercised or an act is to be
				done, three days must be added to the prescribed period when a document is
				served by mail.
(c) A party shall
				file proof of service with the board. Proof of service may be made by
(1) affidavit of service; if service was
				electronic or by facsimile, the affidavit must verify successfully sending the
				document to the party;
(2) written
				statement, signed by the person making the statement upon the document served,
				together with proof of successfully sending the document to the party if served
				by facsimile or electronically; or
(3) letter of transmittal if served by
				mail.
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 45.063 - Computation of time

Current through May 31, 2024
(a) In computing any time period prescribed
				by the Act or this chapter, the day of the act, event, or default after which
				the designated period of time begins to run is not to be included. The last day
				of the period is included, unless it is a Saturday, Sunday or a legal holiday,
				in which case the period runs until the end of the next day which is neither a
				Saturday, Sunday nor a holiday.
(b)
				Upon petition by a party and for good cause, the board will, in its discretion,
				extend any time period prescribed by this chapter.
Authority:
AS
					 23.30.005
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 45.065 - Prehearings

Current through May 31, 2024
(a) After a claim or petition has been filed,
				a party may file a written request for a prehearing, and the board or designee
				will schedule a prehearing. Even if a claim, petition, or request for
				prehearing has not been filed, the board or its designee will exercise
				discretion directing the parties or their representatives to appear for a
				prehearing. At the prehearing, the board or designee will exercise discretion
				in making determinations on
(1) identifying
				and simplifying the issues;
(2)
				amending the papers filed or the filing of additional papers;
(3) accepting stipulations, requests for
				admissions of fact, or other documents that may avoid presenting unnecessary
				evidence at the hearing;
(4)
				limiting the number of witnesses, identifying those witnesses, or requiring a
				witness list in accordance with
				8 AAC 45.112;
(5) the length, filing, and date for service
				of legal memoranda if different from the standards set out in
				8 AAC 45.114;
(6) the relevance of information requested
				under AS
				23.30.107(a) and
				AS
				23.30.108;
(7) petitions to join a person;
(8) consolidating two or more cases, even if
				a petition for consolidation has not been filed;
(9) the possibility of settlement or using a
				settlement conference to resolve the dispute;
(10) discovery requests;
(11) the closing date for
				discovery;
(12) the closing date
				for serving and filing of video recordings, audio recordings, depositions,
				video depositions, or any other documentary evidence; the date must be at least
				two state working days before the hearing;
(13) whether a party intends at the time of
				hearing to seek recusal of a board member, in accordance with
				AS
				44.62.450(c), from
				participating in the hearing;
(14)
				whether a party's opening and closing arguments, including a statement of the
				issues, at the hearing should be longer than permitted by
				8 AAC 45.116; or
(15) other matters that may aid in the
				disposition of the case.
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 45.071 - Hearing officer as a commissioner's designee

Current through May 31, 2024
(a) A hearing
				officer shall serve as a commissioner's designee to hear and decide procedural
				and stipulated matters without a panel. An action of a hearing officer under
				this section is an action of the full board.
(b) For purposes of this section,
(1) a procedural matter is limited to
(A) a petition for an order under
				AS
				23.30.015;
(B) settlement terms on the record;
(C) venue;
(D) a supplementary default order;
(E) a petition to quash a subpoena;
(F) a petition for testimony by
				teleconference;
(G) a petition for
				social security offset; or
(H) a
				declaration of amount in default;
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 45.072 - Venue

Current through May 31, 2024
The venue for injuries occurring in the First Judicial
				  District is Juneau. The venue for injuries occurring in the Second and Fourth
				  Judicial Districts is Fairbanks. The venue for injuries occurring in the Third
				  Judicial District is Anchorage. A hearing will be held only in a city in which
				  a division office is located. The venue may be changed to a different city in
				  which a division office is located if
(1) the parties stipulate to the
				change;
(2) after receiving a
				party's request in accordance with
				8 AAC 45.070(b)(1)(D) and based on the
				documents filed with the board and the parties' written arguments, the board
				orders the venue changed for the convenience of the parties and the witnesses;
				the board's panel in the city with the initial venue will decide the request to
				change the venue filed under
				8 AAC 45.070(b)(1)(D); or
(3) the board or its designee, in its
				discretion, changes the venue for the board's convenience or to assure a speedy
				remedy.
Authority:
AS
					 23.30.005
AS 23.30.110
AS
					 23.30.135
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 45.074 - Continuances and cancellations

Current through May 31, 2024
(a) A party may
				request the continuance or cancellation of a hearing by filing a
(1) petition with the board and serving a
				copy upon the opposing party; a request for continuance that is based upon the
				absence or unavailability of a witness
(A)
				must be accompanied by an affidavit setting out the facts which the party
				expects to prove by the testimony of the witness, the efforts made to get the
				witness to attend the hearing or a deposition, and the date the party first
				knew the witness would be absent or unavailable; and
(B) will be denied and the affidavit may be
				introduced at the hearing as the testimony of the absent witness if the
				opposing party stipulates that the absent witness would testify as stated in
				the affidavit;
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 45.081 - Dispensing of generic drug products

Current through May 31, 2024
(a) When filling a
				prescription provided to an employee as a medical benefit under the Act, an
				available generic drug product must be dispensed in place of a name-brand drug
				product when the cost of the generic drug product is less, except that a
				name-brand drug product that is more expensive than an available generic drug
				product may be dispensed if the prescribing physician has provided a written
				justification of the medical necessity for dispensing the name-brand drug
				product as described in this section. A notation that the prescription for the
				name-brand drug product must be dispensed only as written is not a sufficient
				justification of medical necessity.
(b) The prescribing physician must prepare
				the written justification of the medical necessity of dispensing a name-brand
				drug product and submit the written justification along with the prescription
				to the dispensing pharmacist and the insurer. The written justification does
				not need to be submitted to the dispensing pharmacist if the prescription
				itself expressly notes that the prescription is being provided as a medical
				benefit under the Act and that a written justification of the medical necessity
				for dispensing a name-brand drug product has been submitted to the
				insurer.
(c) A written
				justification of the medical necessity for dispensing the name-brand drug
				product may include any of the following factors regarding the employee:
(1) treatment failure with the generic drug
				product;
(2) past medical history
				that suggests an anticipated treatment failure with the generic drug
				product;
(3) clinically significant
				adverse reaction to the generic drug product;
(4) a medical condition that causes a
				contraindication for the use of the generic drug product;
(5) allergic reaction to the generic drug
				product.
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 45.083 - Fees for medical treatment and services

Current through May 31, 2024
(a) A fee or other
				charge for medical treatment or service may not exceed the maximums in
				AS
				23.30.097. The fee or other charge for
				medical treatment or service
(1) provided on
				or after December 1, 2015, but before April, 2017, may not exceed the fee
				schedules set out in (b) - (l) of this section;
(2) provided on or after April 1, 2017, but
				before January 1, 2018, may not exceed the maximum allowable reimbursement
				established in the
Official Alaska Workers' Compensation Medical Fee
				Schedule
, effective April 1, 2017, and adopted by reference;
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(3) provided on or after January 1, 2018, but
				before January 1, 2019, may not exceed the maximum allowable reimbursement
				established in the
Official Alaska Workers' Compensation Medical Fee
				Schedule
, effective January 1, 2018, and adopted by
				reference.
(4) provided on or after
				January 1, 2019, but before January 1, 2020, may not exceed the maximum
				allowable reimbursement established in the
Official Alaska Workers'
				Compensation Medical Fee Schedule
, effective January 1, 2019, and
				adopted by reference.
(5) provided
				on or after January 1, 2020, but before January 1, 2021, may not exceed the
				maximum allowable reimbursement established in the
Official Alaska
				Workers' Compensation Medical Fee Schedule,
effective January 1, 2020,
				and adopted by reference;
(6)
				provided on or after January 1, 2021, but before February 24, 2022, may not
				exceed the maximum allowable reimbursement established in the
Official
				Alaska Workers' Compensation Medical Fee Schedule,
effective January
				1, 2021, and adopted by reference;
(7) provided on or after February 24, 2022,
				but before January 1, 2022, may not exceed the maximum allowable reimbursement
				established in the
Official Alaska Workers' Compensation Medical Fee
				Schedule
, January 1, 2022 edition, adopted by reference.
(8) provided on or after January 29, 2023,
				but before January 1, 2024, may not exceed the maximum allowable reimbursement
				established in the
Official Alaska Workers' Compensation Medical Fee
				Schedule,
January 1, 2023 edition, and adopted by reference;
(9) provided on or after January 1, 2024, may
				not exceed the maximum allowable reimbursement established in the
Official Alaska Workers' Compensation Medical Fee Schedule,
January 1, 2024 edition, and adopted by reference.
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 45.084 - Medical travel expenses

Current through May 31, 2024
(a) This section
				applies to expenses to be paid by the employer to an employee who is receiving
				or has received medical treatment.
(b) Transportation expenses include
(1) a mileage rate, for the use of a private
				automobile, equal to the rate the state reimburses its supervisory employees
				for travel on the given date if the usage is reasonably related to the medical
				examination or treatment;
(2) the
				actual fare for public transportation if reasonably incident to the medical
				examination or treatment; and
(3)
				ambulance service or other special means of transportation if substantiated by
				competent medical evidence or by agreement of the parties.
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 45.085 - Duty of employer and insurer to file evidence of insurance

Current through May 31, 2024
(a) An insurer subject to this chapter shall
				file, in a format prescribed by the director, notice with the division not
				later than 10 days after the initiation or renewal of the employer's workers'
				compensation insurance.
(b) A
				self-insured employer or insurer subject to this chapter, unless exempted,
				shall file, in a format prescribed by the director, notice with the division
				not later than 10 days after changing insurance adjusting services.
Authority:
AS
					 23.30.005
AS
					 23.30.025
AS
					 23.30.030
AS
					 23.30.085
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 45.086 - Physician's reports

Current through May 31, 2024
(a) A provider who renders medical or dental
				services under the Act shall serve a report on the employer no later than 14
				days after each service. The report must include
(1) a statement whether the report is the
				first report, a treatment plan, or a progress report;
(2) the date of service;
(3) the employee's name, date of injury, date
				of birth, and social security number;
(4) the date that the employee last
				worked;
(5) a description of the
				injury and how it happened;
(6) a
				statement whether the body part was injured before the work injury, and
				identification of the date and circumstances of the earlier injury, if
				any;
(7) the name and address of
				any other person providing treatment for the injury;
(8) the name of any hospital where the
				employee was an inpatient for the injury;
(9) the first treatment date;
(10) a description of the employee's
				subjective complaints;
(11) a
				description of objective findings and an assessment of the employee's
				condition, including the diagnosis;
(12) the diagnostic studies prescribed and
				their results;
(13) a statement
				whether the provider concluded that the condition is work-related and the basis
				for the conclusion;
(14) a
				treatment plan, including the expected length and nature of treatment, the
				objectives, modalities, and frequency of treatment, and the justification for
				the frequency of treatments if the number of treatments
(A) during the first month exceeds three
				treatments per week;
(B) during the
				second and third months exceeds two treatments per week;
(C) during the fourth and fifth months
				exceeds one treatment per week; or
(D) during the sixth through twelfth months
				exceeds one treatment per month;
(15) justification of the medical necessity
				for a name-brand drug product if one is prescribed;
(16) if the employee is referred to another
				service provider, the provider's name and address;
(17) a statement whether the employee is
				released to return to work and any restrictions on the employee's regular
				duties;
(18) an estimate of the
				length of disability if the employee cannot be released to return to
				work;
(19) the date of medical
				stability or when medical stability is expected;
(20) a statement whether the injury will
				permanently preclude a return to the job held at the time of injury;
(21) a statement whether the injury is
				expected to result in permanent impairment;
(22) the permanent partial impairment rating
				and the factors supporting the rating if the employee is medically
				stable;
(23) the service provider's
				name, degree, telephone number, and address;
(24) the service provider's signature;
				and
(25) the date of the
				report.
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 45.090 - Additional examination

Current through May 31, 2024
(a) The board will, in its discretion, direct
				an employee who was injured before July 1, 1988, to be examined by an
				independent medical examiner in accordance with
				8 AAC 45.092, and direct the independent medical
				examiner to provide the board and the parties with a complete report of
				findings, opinions, and recommendations, whenever in the board's opinion
(1) a physician has not impartially estimated
				the degree of permanent impairment or the extent of temporary impairment, or
				has not rated the degree of permanent impairment in accordance with
				8 AAC 45.122;
(2) contradictory medical evidence exists;
				or
(3) the employee's best
				interests require it.
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 45.093 - Qualifying medical examinations for certain firefighters

Current through May 31, 2024
(a) A qualifying
				medical examination under
				AS
				23.30.121(b)(3)(A) must
				occur no later than 30 days after an individual's employment as a
				firefighter.
(b) A medical
				examination under
				AS
				23.30.121(b)(3)(A) or (B)
				must consist of
(1) a medical history, on
				form 07-6176, completed by the firefighter, and reviewed by the examining
				physician;
(2) measurement of the
				levels of the nicotine by-product cotinine in the blood of the firefighter
				being examined, and documentation of the measurement on form 07-6177 completed
				by the examining physician;
(3) a
				lung examination, documented on form 07-6177 completed by the examining
				physician; the lung examination must include
(A) pulmonary auscultation;
(B) a baseline chest x-ray and, if indicated,
				subsequent annual x-rays; and
(C)
				pulmonary function testing; and
(4) a cardiac examination, documented on form
				07-6177 completed by the examining physician; the cardiac examination must
				include
(A) cardiac auscultation;
(B) an electrocardiogram; and
(C) if the firefighter being examined is 40
				years of age or older, or the examining physician considers it appropriate for
				a firefighter under 40 years of age, a stress electrocardiogram.
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 45.094 - Predisposing conditions for certain firefighters

Current through May 31, 2024
The provisions of
				  AS
				  23.30.121(b)(1)(A) and (B)
				  do not apply to a firefighter who develops a cardiovascular or lung condition
				  and has a history of tobacco product exposure. For purposes of this section,
				  tobacco product exposure is
(1)
				significant direct tobacco product use through smoking, inhaling, or chewing
				tobacco, significant exposure to environmental tobacco smoke through secondhand
				smoke, or significant tobacco production or handling; or
(2) a cotinine level, measured in the
				individual's blood, of 15 or more nanograms per milliliter of blood serum,
				regardless of the medical history documented by the firefighter and
				physician.
Authority:
AS
					 23.30.005
AS
					 23.30.121
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 45.095 - Release of information

Current through May 31, 2024
(a) An employee who, having been properly
				served with a request for release of information, feels that the information
				requested is not relevant to the injury must, within 14 days after service of
				the request, petition for a prehearing under
				8 AAC 45.065.
(b) If after a prehearing the board or its
				designee determines that information sought from the employee is not relevant
				to the injury that is the subject of the claim, a protective order will be
				issued.
(c) If after a prehearing
				an order to release information is issued and an employee refuses to sign a
				release, the board will, in its discretion, limit the issues at the hearing on
				the claim to the propriety of the employee's refusal. If after the hearing the
				board finds that the employee's refusal to sign the requested release was
				unreasonable, the board will, in its discretion, refuse to order or award
				compensation until the employee has signed the release.
Authority:
AS
					 23.30.005
AS 23.30.107
AS
					 23.30.108
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 45.105 - Code of conduct

Current through May 31, 2024
(a) Nothing in this section relieves a board
				member's duty to comply with the provisions of
				AS
				39.52.010-39.52.960 (Alaska Executive Branch
				Ethics Act) and
				9 AAC 52.010 -
				9 AAC 52.990. A board member holds office as a public
				trust, and an effort to benefit from a personal or financial interest through
				official action is a violation of that trust. A board member is drawn from
				society and cannot and should not be without personal and financial interests
				in the decisions and policies of government. An individual who serves as a
				board member retains rights to interests of a personal or financial nature.
				Standards of ethical conduct for a board member distinguish between those minor
				and inconsequential conflicts that are unavoidable in a free society, and those
				conflicts of interests that are substantial and material.
(b) The provisions of this section do not
				prevent a board member from following other independent pursuits, if those
				pursuits do not interfere with the full and faithful discharge of a board
				member's public duties and responsibilities under AS 23.30 and this
				chapter.
(c) The recusal of a board
				panel member for a conflict of interest under the procedures set out in
				8 AAC 45.106 may occur only if the recusal is based on
				clear and convincing evidence that the board panel member
(1) has a conflict of interest that is
				substantial and material; or
(2)
				shows actual bias or prejudgment.
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 45.106 - Procedures for board panel members to avoid conflict of interest, impropriety, and appearance of impropriety

Current through May 31, 2024
(a) Before
				conducting a hearing on a case, each board panel member shall be given the
				names of the parties involved in the hearing and any other appropriate
				information necessary for the board panel member to determine if the individual
				member, or another member, has a conflict of interest as described in
				8 AAC 45.105.
(b) If a board panel member determines that
				the member has a potential conflict of interest, the potential conflict of
				interest must be disclosed to the board panel chair before the
				hearing.
(c) Upon notification by a
				board panel member of potential conflict of interest under (b) of this section,
				the board panel chair shall request that the board panel member recuse oneself
				or refer the matter to the remainder of the board panel to determine if recusal
				is appropriate.
(d) If before a
				scheduled hearing begins, a party has knowledge of a potential conflict of
				interest or knowledge that a board panel member's circumstances may present a
				potential impropriety or appearance of impropriety, the party may file a
				petition with the commissioner, or the commissioner's designated hearing
				officer under
				AS
				23.30.005(b), objecting to
				the board panel member and briefly outline the reasons. If a petition is filed
				under this subsection, the commissioner, or the commissioner's designated
				hearing officer, shall forward the objection to the board panel member who is
				the subject of the petition for the member's review. If the board panel member
				does not recuse oneself from the proceeding, the remaining board panel members
				shall determine whether the board panel member who is the subject of the
				petition may hear the case.
Authority:
AS
					 23.30.005
AS
					 44.31.020
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 45.110 - Record of proceedings

Current through May 31, 2024
(a) Evidence,
				exhibits, or other things received in evidence at a hearing or otherwise placed
				in the record by board order and any thing filed in the case file established
				in accordance with
				8 AAC 45.032 is the written record at a hearing before
				the board. A person may see or get a copy of the written record in accordance
				with this subsection and after completing and giving the division a written
				request, providing identification, and paying the fee, if required under
				8 AAC 45.030. Under this section,
(1) a party to a claim or a petition or a
				party's representative who has filed an entry of appearance in a case may see
				or get a copy of the written record, including medical and rehabilitation
				reports, for all of the employee's case files; for purposes of this paragraph,
				"a party to a claim or a petition" is the employee, the employer, the insurer,
				a person sought to be joined or consolidated to a claim or petition, or the
				rehabilitation specialist appointed or selected in accordance with
				AS
				23.30.041;
(2) a government agency or a physician
				providing services under
				AS
				23.30.095(k) or
				23.30.110(g)
				may see or get a copy of the written record, including medical and
				rehabilitation reports; or
(3) a
				person other than a person described in (1) or (2) of this subsection may see
				or get a copy of the written record, excluding the medical or rehabilitation
				reports; the person may see or get a copy of the written record, including
				medical and rehabilitation reports, upon submitting a
(A) written release signed by the employee
				giving consent for the person to see or get a copy of the medical and
				rehabilitation reports; or
(B)
				court order or a subpoena from a court or government agency.
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 45.112 - Witness list

Current through May 31, 2024
A witness list must indicate whether the witness will testify
				  in person, by deposition, or telephonically, the witness's address and phone
				  number, and a brief description of the subject matter and substance of the
				  witness's expected testimony. If a witness list is required under
				  8 AAC 45.065, the witness list must be filed with the
				  board and served upon all parties at least five working days before the
				  hearing. If a party directed at a prehearing to file a witness list fails to
				  file a witness list as directed or files a witness list that is not in
				  accordance with this section, the board will exclude the party's witnesses from
				  testifying at the hearing, except that the board will admit and consider
(1) the testimony of a party, and
(2) deposition testimony completed, though
				not necessarily transcribed, before the time for filing a witness
				list.
Authority:
AS
					 23.30.005(h)
AS
					 23.30.135
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 45.114 - Legal memoranda

Current through May 31, 2024
Except when the board or its designee determines that unusual
				  and extenuating circumstances exist, legal memoranda must
(1) be filed and served at least five working
				days before the hearing, or timely filed and served in accordance with the
				prehearing ruling if an earlier date was established;
(2) not exceed 15 pages, excluding exhibits,
				unless at a prehearing the board or its designee determined that unusual and
				extenuating circumstances warranted a longer memorandum; if the board or its
				designee granted permission at prehearing to file a legal memorandum exceeding
				15 pages, excluding exhibits, it must be accompanied by a one-page summary of
				the issues and arguments;
(3) be on
				81/2 by 11-inch paper of at least 16-pound weight, have margins of at
				least one inch on all sides, exclusive of headers and page numbers, and have
				spacing of not less than one and one-half lines, except that quotations may be
				single-spaced and indented; and
(4)
				display the text in clear and legible hand printing or writing in black or blue
				ink or in black typeface equivalent in size to at least 12 point Courier or 13
				point Times New Roman or New Century Schoolbook.
(5) repealed 4/1/2017.
Authority:
AS
					 23.30.005
AS
					 23.30.135
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 45.116 - Opening and closing argument

Current through May 31, 2024
Except when the board or its designee determines that unusual
				  and extenuating circumstances exist, the amount of time at a hearing for a
				  party's opening and closing arguments, including a statement of the issues,
				  will be a combined total of not more than 20 minutes.
Authority:
AS
					 23.30.005(h)
AS
					 23.30.135