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 45.120 - Evidence

Current through May 31, 2024
(a) Witnesses at a hearing shall testify
				under oath or affirmation. The board will, in its discretion, examine witnesses
				and will allow all parties present an opportunity to do so. Except as provided
				in this subsection and
				8 AAC 45.112, a party who wants to present a witness's
				testimony by deposition must file a transcript of the deposition with the board
				at least two working days before the hearing. If the board determines that a
				party is extremely indigent and cannot afford to pay the transcription fee, the
				board will rely upon the audio or visual recording of the deposition without a
				transcript. If a party fails to file a transcript of a witness's deposition at
				least two days before the hearing and if the board or its designee determines
				that neither unusual and extenuating circumstances exists nor is the party
				extremely indigent, the witness's deposition testimony will be excluded from
				the hearing, except for impeachment purposes, and will not be relied upon by
				the board in reaching its decision. If the board or its designee determines
				that unusual and extenuating circumstances exist, the board or its designee
				will determine whether to rely upon either the late-filed transcript or upon
				the audio or visual recording of the deposition without a transcript.
(b) The order in which evidence and argument
				is presented at the hearing will be in the discretion of the board, unless
				otherwise expressly provided by law. All proceedings must afford every party a
				reasonable opportunity for a fair hearing.
(c) Each party has the following rights at
				hearing:
(1) to call and examine
				witnesses;
(2) to introduce
				exhibits;
(3) to cross-examine
				opposing witnesses on any matter relevant to the issues even though the matter
				was not covered in the direct examination;
(4) to impeach any witness regardless of
				which party first called the witness to testify; and
(5) to rebut contrary evidence.
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 45.122 - Rating of permanent impairment

Current through May 31, 2024
(a) The board will
				give public notice of the edition of the
American Medical Association
				Guides to the Evaluation of Permanent Impairment
and effective date for
				using the edition by publishing a notice in a newspaper of general circulation
				in Anchorage, Fairbanks, and Juneau as well as issue a bulletin published on
				the division's website
(b) It is
				presumed that the
American Medical Association Guides to the Evaluation
				of Permanent Impairment
(AMA) address the injury. If the board finds
				the presumption is overcome by clear and convincing evidence and if the
				permanent impairment cannot, in the board's opinion, be determined under the
				AMA guides, then the impairment rating must be based on
The State of
				Minnesota, Department of Labor and Industry, Permanent Partial Disability
				Schedule,
effective July 1, 1993, or the
American Academy of
				Orthopedic Surgeons Manual For Evaluating Permanent Physical Impairments
				(AAOS),
first edition (1965). If a rating under the
Permanent
				Partial Disability Schedule
or the AAOS is not of the whole person, the
				rating must be converted to a whole person rating under the AMA
				guides.
(c) A rating of zero
				impairment under AMA guides is a permanent impairment determination and no
				determination may be made under the
Permanent Partial Disability
				Schedule
described in (b) of this section or the AAOS.
Authority:
AS
					 23.30.005
AS
					 23.30.095
AS
					 23.30.190
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 45.130 - Findings and awards and orders

Current through May 31, 2024
The board will prepare and serve the findings and award as
				  well as all other orders in these proceedings.
Authority:
AS
					 23.30.005
AS
					 23.30.110
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 45.132 - Survival of accrued benefits

Current through May 31, 2024
If an employee dies during a period of controversion,
				  compensation benefits which have accrued but have not been paid, unless
				  provided for in
				  AS
				  23.30.195, belong to the employee's estate as
				  determined by the laws of the state.
Authority:
AS
					 23.30.005
AS
					 23.30.110(f)
AS
					 23.30.195
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 45.134 - Modification and offset of compensation: reimbursement

Current through May 31, 2024
(a) If the
				board finds that a party other than the party liable under the Act has paid
				compensation, the board may order the party actually liable for the payments to
				reimburse the party which has paid.
(b) In accordance with
				AS
				23.30.155(j), the employer
				may reduce permanent total disability benefits to recover permanent partial
				disability benefits previously paid by the employer for the same
				injury.
(c) repealed
				5/12/2019
Authority:
AS
					 23.30.005
AS
					 23.30.155
AS
					 23.30.180
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 45.136 - Notice of payment or modification of compensation

Current through May 31, 2024
(a) When the
				employer or carrier begins, increases, reduces, terminates, suspends or
				otherwise modifies compensation payments to the employee, the employer or
				carrier shall notify the division of the nature and substance of the
				commencement or change within 28 days after the commencement or change by
				filing electronically a subsequent report of injury (SROI) through electronic
				Data Interchange (EDI). The division will notify the employee of the
				commencement, termination. and any other modification of compensation
				payments
(b) For purposes of this
				section and AS 2330.155(c), "filed" means submitted through EDI and followed by
				a Transaction Accepted acknowledgement from the jurisdiction,
(c) For purposes of
				AS
				23.30.155(m) a "complete"
				annual report means
(1) submitted through EDI
				and followed by a Transaction Accepted acknowledgement from the jurisdiction;
				and
(2) the difference, if any,
				between the amount listed as paid in each payment category is no greater than
				10 percent of the amount reported to the board as, filed under this section
				and
				AS
				23.30.155(c) in the
				preceding year
(3) repealed
				12/23/2021;
(4) repealed
				12/23/2021;
(5) repealed
				12/23/2021;
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 45.138 - Cost-of-living adjustment

Current through May 31, 2024
(a) The
				cost-of-living adjustment provided in
				AS
				23.30.175 applies only to payments related to
				injuries occurring on or after July 1, 1988.
(b) the department will identify an
				organization it selects to perform the cost-of-living surveys that determine
				the cost-of-living adjustment applicable to a recipient's compensation rate
				when the recipient does not reside in this state.
(c) The results of the cost-of-living survey
				for this state, various areas in other states and the District of Columbia will
				be published annually in the
Workers' Compensation
				Manual,
published by the department. The cost of living for this state
				will be the averaged cost of living for Anchorage, Juneau, and
				Fairbanks.
(d) If the
				cost-of-living adjustment under
				AS
				23.30.175 and this section results in a
				compensation rate that exceeds the maximum weekly rate provided in
				AS
				23.30.175, the recipient's compensation rate
				must be reduced to the maximum weekly rate in effect under
				AS
				23.30.175 at the time of injury.
(e) If the recipient does not reside in this
				state but resides in the United States, the cost-of-living ratio must be
				determined by using the ratio of the published cost of living for the area
				nearest where the recipient resides and the cost of living for this state. If
				the recipient resides an equal distance between two areas for which
				cost-of-living surveys have been published, the ratio that results in the
				highest compensation rate must be used.
(f) If the recipient does not reside in the
				United States, the department will obtain a cost-of-living survey for the
				largest city in the country in which the recipient resides. The cost of living
				for that city must be used to obtain the ratio for purposes of this section and
				AS
				23.20.175.
(g) The cost-of-living ratio obtained under
				this section is presumed to fairly reflect the cost of living difference
				between this state and the area where the recipient resides. In accordance with
				AS
				23.30.110 and
				8 AAC 45.070, a hearing may be requested for board
				review of the cost-of-living ratio for a particular recipient. If a hearing is
				requested,
(1) the issue at hearing will be
				limited to whether there is a substantial difference between the actual cost of
				living in the area where the recipient resides and the cost of living published
				by the commissioner for that area;
(2) the board will refuse to accept, at the
				hearing, evidence of a particular recipient's actual cost of living;
(3) if a party presents evidence of a
				substantial difference between the cost of living for a particular recipient's
				area and the cost of living determined by the board's survey, the board will,
				in its discretion, adjust the ratio accordingly.
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 45.142 - Interest

Current through May 31, 2024
(a) If compensation is not paid when due,
				interest must be paid at the rate established in
				AS
				45.45.010 for an injury that occurred before
				July 1, 2000, and at the rate established in
				AS
				09.30.070(a) for an injury
				that occurred on or after July 1, 2000. If more than one installment of
				compensation is past due, interest must be paid from the date each installment
				of compensation was due, until paid. If compensation for a past period is paid
				under an order issued by the board, interest on the compensation awarded must
				be paid from the due date of each unpaid installment of compensation.
(b) The employer shall pay the interest
(1) on late-paid time-loss compensation to
				the employee or, if deceased, to the employee's beneficiary or
				estate;
(2) on late-paid death
				benefits to the widow, widower, child or children, or other beneficiary who is
				entitled to the death benefits, or the employee's estate;
(3) on late-paid medical benefits to
(A) the employee or, if deceased, to the
				employee's beneficiary or estate, if the employee has paid the provider or the
				medical benefits;
(B) to an
				insurer, trust, organization, or government agency, if the insurer, trust,
				organization, or government agency has paid the provider of the medical
				benefits; or
(C) to the provider if
				the medical benefits have not been paid.
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 45.150 - Rehearings and modification of board orders

Current through May 31, 2024
(a) The board will,
				in its discretion, grant a rehearing to consider modification of an award only
				upon the grounds stated in
				AS
				23.30.130.
(b) A party may request a rehearing or
				modification of a board order by filing a petition for a rehearing or
				modification and serving the petition on all parties in accordance with
				8 AAC 45.060.
(c) A petition for a rehearing or
				modification based upon change of conditions must set out specifically and in
				detail the history of the claim from the date of the injury to the date of
				filing of the petition and the nature of the change of conditions. The petition
				must be accompanied by all relevant medical reports, signed by the preparing
				physicians, and must include a summary of the effects which a finding of the
				alleged change of conditions would have upon the existing board order or
				award.
(d) A petition for a
				rehearing or modification based on an alleged mistake of fact by the board must
				set out specifically and in detail
(1) the
				facts upon which the original award was based;
(2) the facts alleged to be erroneous, the
				evidence in support of the allegations of mistake, and, if a party has newly
				discovered evidence, an affidavit from the party or the party's representative
				stating the reason why, with due diligence, the newly discovered evidence
				supporting the allegation could not have been discovered and produced at the
				time of the hearing; and
(3) the
				effect that a finding of the alleged mistake would have upon the existing board
				order or award.
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 45.160 - Agreed settlements

Current through May 31, 2024
(a) The board will review a settlement
				agreement that provides for the payment of compensation due or to become due
				and that undertakes to release the employer from any or all future liability. A
				settlement agreement will be approved by the board only if a preponderance of
				evidence demonstrates that approval would be for the best interest of the
				employee or the employee's beneficiaries. The board will, in its discretion,
				require the employee to attend, and the employer to pay for, an examination of
				the employee by the board's independent medical examiner. If the board requires
				an independent medical examination, the board will not act on the agreed
				settlement until the independent medical examiner's report is received by the
				board.
(b) All settlement
				agreements must be submitted in writing to the board, must be signed by all
				parties to the action and their attorneys or representatives, if any, and must
				be accompanied by form 07-6117.
(c)
				Every agreed settlement must conform strictly to the requirements of
				AS
				23.30.012 and, in addition, must
(1) be accompanied by all medical reports in
				the parties' possession, except that, if a medical summary has been filed, only
				those medical reports not listed on the summary must accompany the agreed-upon
				settlement;
(2) include a written
				statement showing the employee's age and occupation on the date of injury,
				whether and when the employee has returned to work, and the nature of
				employment;
(3) report full
				information concerning the employee's wages or earning capacity;
(4) state in detail the parties' respective
				claims;
(5) state the attorney's
				fee arrangement between the employee or his beneficiaries and the attorney,
				including the total amount of fees to be paid;
(6) itemize in detail all compensation
				previously paid on the claim with specific dates, types, amounts, rates, and
				periods covered by all past payments;
(7) include a written statement from all
				parties and their representative that
(A) the
				agreed settlement contains the entire agreement among the parties;
(B) The parties have not made an undisclosed
				agreement that modifies the agreed settlement;
(C) the agreed settlement is not contingent
				on any undisclosed agreement; and
(D) an undisclosed agreement is not
				contingent on the agreed settlement; and
(8) contain other information the board may
				from time to time require.
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 45.162 - Present value of future compensation

Current through May 31, 2024
In computing the present value of all future compensation and
				  benefits under
				  AS
				  23.30.015(e), the interest
				  rate is two percent less than that set in
				  AS
				  45.45.010 for an injury that occurred before
				  July 1, 2000, and two percent less than that set in
				  AS
				  09.30.070(a) for an injury
				  that occurred on or after July 1, 2000.
Authority:
AS
					 23.30.005(h)
AS
					 23.30.015(e)
AS 23.30.155
AS
					 23.30.190
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 45.170 - Listing of injuries

Current through May 31, 2024
(a) Each injury will be listed in the board's
				files under the name of the employee claimed to have been injured, regardless
				of whether or not that person is the claimant. Reference to the injury will be
				by the name of the injured employee and the board's injury number.
(b) Parties to an injury are designated as
				follows:
(1) A person filing a claim for
				compensation benefits under the Act is a claimant.
(2) The employer and its insurance carrier,
				if any, are defendants.
(3) A party
				filing a petition is a petitioner.
(4) A party responding to a petition is a
				respondent.
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 45.174 - Uninsured employers

Current through May 31, 2024
(a) Upon the verified petition of a person or
				upon its own motion, the division will investigate an employer who is alleged
				to be in violation of
				AS
				23.30.075.
(b) At the request of the division and after
				a hearing, if the board finds an employer is in violation of
				AS
				23.30.075, the board may issue a stop order
				prohibiting the use of employee labor by the employer. The order will be
				personally served upon the employer's or the employee's agent Any person or
				division investigator appointed under as
				AS
				18.65.010 as a limited special offices by the
				commisssioner of public society and who is authorized or designated by the
				commissioner to serve process in department proceeding may serve an order
				issued by the board under this
(c)
				At the request of the division and after investigation, if the director finds
				substantial evidence that an employer is in violation of
				AS
				23.30.075, the director may issue a stop
				order prohibiting the use of employee labor by the employer. The order will be
				personally served upon the employer or the employee's agent, person or division
				investigator appointed under as
				AS
				18.65.010 as a limited special offices by the
				commisssioner of public society and who is authorized or designated by the
				commissioner to serve process in department proceedings may serve an order
				issued by the board under this section..
(d) A stop order issued in accordance with
				this section will be withdrawn, in accordance with
				AS
				23.30.080(e), when the
				employer complies with
				AS
				23.30.075.
(e) An employer may challenge issuance of a
				stop order by filing a petition requesting a board hearing. The hearing on the
				exhibition to determine if an employer failed to comply with a stop order
				issued under this section and should be assessed a civil penalty is a
				continuation of the administrative proceeding that began with the issuance of
				the stop order.
(f) The conducting
				of proceedings under this section does not affect the right of the division to
				seek criminal penalties against the employer under
				AS
				23.30.075(b)..
(g) Proceedings conducted under this section
				are subject to
				AS
				44.62.330-44.62.630
				(Administrative Procedure Act).
Authority:
AS
					 23.30.005
AS
					 23.30.080
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 45.175

Current through May 31, 2024
Upon request by the division, the board or its designee will
				  issue subpoenas, including subpoenas duces tecum, if an employer is under
				  investigation for failure to insure for workers' compensation liability, and
				  the employer fails to comply with discovery demands within 30 days after the
				  demands. Failure to comply with a subpoena issued by the board or its designee
				  will result in certification of the facts to the superior court to enforce the
				  subpoena.
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 45.177 - Claims against the workers' compensation benefits guaranty fund

Current through May 31, 2024
(a)
				Upon receipt of a report of occupational injury or illness involving an injury
				to an employee employed by an employer who appeared to be uninsured at the time
				of the injury, the division shall immediately notify the division's special
				investigations section and the administrator of the workers' compensation
				benefits guaranty fund in the division's Juneau office.
(b) The division shall send a letter to the
				parties advising the parties that the employer may not have had workers'
				compensation insurance in effect at the time of the employee's injury. In the
				letter, the division shall also advise the parties of the rights and remedies
				available to the injured worker under the Act if the employer was not
				insured.
(c) A workers'
				compensation claim shall be filed against the fund within the same time and in
				the same manner as a claim filed against the employer in accordance with
				AS
				23.30.105,
				AS
				23.30.110, and
				8 AAC 45.050. The division shall serve the claim upon
				the fund's administrator and advise the parties that copies of all future
				documents filed with the division are also to be served upon the fund's
				administrator.
(d) The fund is
				subject to the same claim procedures under the Act as all other
				parties.
(e) The fund may not be
				obligated to pay the injured worker's claim unless the
(1) employee and employer stipulate to the
				facts of the case, including that the employee's claim is compensable, which
				has the effect of an order under
				8 AAC 45.050(f), or the board issues a
				determination and award of compensation; and
(2) the employer defaults upon the payment of
				compensation for a period of 30 days after the compensation is due.
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 45.178 - Appearances and withdrawals

Current through May 31, 2024
(a) A person who
				seeks to represent a party in a matter pending before the board shall file a
				written notice of appearance with the board, and shall serve a copy of the
				notice upon all parties. The notice of appearance must include the
				representative's name, address, and phone number and must specify whether the
				representative is an attorney licensed to practice law within the State of
				Alaska. If the person who seeks to represent a party is not licensed to
				practice law within the State of Alaska, the notice of appearance must be
				accompanied by
(1) the employee's written
				authorization if the person represents the employee; or
(2) the employer's written authorization
				unless the person seeking to represent the employer is an employee of
(A) the employer's insurer; or
(B) the adjusting company handling the claim
				for the employer's insurer.
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 45.180 - Costs and attorney's fees

Current through May 31, 2024
(a) This section
				does not apply to fees incurred in appellate proceedings.
(b) A fee under
				AS
				23.30.145(a) will only be
				awarded to an attorney licensed to practice law in this or another state. An
				attorney seeking a fee from an employer for services performed on behalf of an
				applicant must apply to the board for approval of the fee; the attorney may
				submit an application for adjustment of claim or a petition. An attorney
				requesting a fee in excess of the statutory minimum in
				AS
				23.30.145(a) must (1) file
				an affidavit itemizing the hours expended, as well as the extent and character
				of the work performed, and (2) if a hearing is scheduled, file the affidavit at
				least three working days before the hearing on the claim for which the services
				were rendered; at the hearing, the attorney may supplement the affidavit by
				testifying about the hours expended and the extent and character of the work
				performed after the affidavit was filed. If the request and affidavit are not
				in accordance with this subsection, the board will deny the request for a fee
				in excess of the statutory minimum fee, and will award the minimum statutory
				fee.
(c) Except as otherwise
				provided in this subsection, an attorney fee may not be collected from an
				applicant without board approval. A request for approval of a fee to be paid by
				an applicant must be supported by an affidavit showing the extent and character
				of the legal services performed. Board approval of an attorney fee is not
				required if the fee
(1) is to be paid
				directly to an attorney under the applicant's union-prepaid legal trust or
				applicant's insurance plan; or
(2)
				is a one-time-only charge to that particular applicant by the attorney, the
				attorney performed legal services without entering an appearance, and the fee
				does not exceed $300.
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 45.182 - Controversion

Current through May 31, 2024
(a) To controvert a claim the employer shall
				file form 07-6105 in accordance with
				AS
				23.30.155(a) and shall serve
				a copy of the notice of controversion upon all parties in accordance with
				8 AAC 45.060. This notice must be filed in addition to
				the notice required under
				AS
				23.30.155(c) and
				8 AAC 45.136.
(b) If a claim is controverted on the grounds
				that another employer or insurer is liable, as well as on other grounds, the
				board will, upon request under
				AS
				23.30.110 and
				8 AAC 45.070, determine if the other grounds for
				controversion are supported by the law or by evidence in the controverting
				party's possession at the time the controversion was filed. If the law does not
				support the controversion or if evidence to support the controversion was not
				in the party's possession, the board will invalidate the controversion, and
				will award additional compensation under
				AS
				23.30.155(e).
(c) If the most recent employer or insurer
				does not pay in accordance with
				AS
				23.30.155(d), the board
				will, in its discretion, award additional compensation under
				AS
				23.30.155(e) against the
				most recent employer even though the board has not determined which employer or
				insurer is liable. If additional compensation is awarded in accordance with
				this subsection, the additional compensation may not be reimbursed under
				AS
				23.30.155(d) if the most
				recent employer ultimately prevails on the liability dispute.
(d) After hearing a party's claim alleging an
				insurer or self-insured employer frivolously or unfairly controverted
				compensation due, the board will file a decision and order determining whether
				an insurer or self-insured employer frivolously or unfairly controverted
				compensation due. Under this subsection,
(1)
				if the board determines an insurer frivolously or unfairly controverted
				compensation due, the board will provide a copy of the decision and order at
				the time of filing to the director for action under
				AS
				23.30.155(o); or
(2) if the board determines a self-insured
				employer frivolously or unfairly controverted compensation due, the board will,
				at the time its decision and order are filed, provide a copy of the decision
				and order to the commissioner's designee for consideration in the self-insured
				employer's renewal application for self-insurance.
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 45.185 - Corporate Officers and Members of Limited Liability Companies

Current through May 31, 2024
(a) For the purposes of
				AS
				23.30.240, "owns" includes a person's
				ownership interest in a corporation or limited liability company as (1) a
				beneficiary of a revocable trust that owns a corporation or limited liability
				company or (2) owner of another corporation or limited liability company that
				owns a corporation or limited liability company,
(1) a beneficiary of a trust that owns a
				corporation or limited liability company;
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 45.186 - Second injury fund

Current through May 31, 2024
(a) In order to
				satisfy the notice provisions of
				AS
				23.30.205(e) an employer or
				carrier shall, no later than 100 weeks after receipt of knowledge of the injury
				or death, file form 07-6110 with the board and serve a copy of the form upon
				all interested parties in accordance with
				8 AAC 45.060.
(b) Following the filing of a petition for
				reimbursement in accordance with this section, and upon receipt of a statement
				of readiness to proceed, the chairman will schedule a prehearing under
				8 AAC 45.065 for the purpose of determining whether a
				hearing is necessary. If the chairman determines at the prehearing that there
				is no dispute of fact and that the only issues for the board to decide are
				issues of law, the chairman may direct the parties to prepare and sign a
				stipulation of facts and may direct the parties to submit the case to the board
				on written legal memoranda without oral hearing.
(c) For the purposes of
				AS
				23.30.205, it is conclusively presumed that
				the conditions listed in
				AS
				23.30.205(f)(1) constitute a
				hindrance to employment or an obstacle to obtaining employment or
				reemployment.
(d) Notice under
				AS
				23.30.205(d) and (e) must be
				sent to the administrator of the second injury fund.
(e) In order to satisfy the 200-week rating
				requirement of
				AS
				23.30.205(f)(2), a condition
				must qualify for an award of compensation under
				AS
				23.30.190(a) that, if paid
				every two weeks at the employee's temporary total disability compensation rate
				computed under
				AS
				23.30.185 and
				AS
				23.30.220 instead of in a single lump sum,
				would be paid for 200 weeks or more. A disabling condition or impairment does
				not automatically satisfy
				AS
				23.30.205(f)(2) merely
				because it is permanent in quality.
(f) The administrator of the second injury
				fund may not approve lump-sum reimbursements from the second injury fund under
				AS
				23.30.205.
Authority:
AS
					 23.30.005
AS
					 23.30.205
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 45.188 - Third party claim

Current through May 31, 2024
Notice required under
				  AS
				  23.30.015(j) of the
				  commencement of an action shall be in writing, filed with the board, and served
				  upon all parties to the injured or deceased employee's compensation case. The
				  notice must include the complete title and case number of the
				  action.
Authority:
AS
					 23.30.005
AS
					 23.30.015
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 45.190 - Guardianship

Current through May 31, 2024
(a) In death cases where there are minor or
				mentally incompetent beneficiaries and the amount of compensation to be paid in
				a lump sum to the beneficiary does not exceed $10,000, the director may order
				compensation to be paid in a lump sum on behalf of the beneficiary directly to
				the natural guardian of the beneficiary if the board finds that payment of
				compensation to the natural guardian is in the best interest of the
				beneficiary.
(b) In each case where
				there is a minor or mentally incompetent beneficiary and the amount to be paid
				in a lump sum to the beneficiary exceeds or potentially exceeds $10,000, the
				director will require the appointment of a guardian or conservator to represent
				the interests of the beneficiary and to receive payments in trust for the
				beneficiary.
(c) The employer shall
				pay compensation under (b) of this section into an interest-bearing account at
				a federally insured commercial bank or lending institution until the
				conservator or guardian is appointed.
(d) In this section "director" means the
				director of the division of workers' compensation in the department.
Authority:
AS
					 23.30.005
AS
					 23.30.140
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 45.195 - Waiver of procedures

Current through May 31, 2024
A procedural requirement in this chapter may be waived or
				  modified by order of the board if manifest injustice to a party would result
				  from a strict application of the regulation. However, a waiver may not be
				  employed merely to excuse a party from failing to comply with the requirements
				  of law or to permit a party to disregard the requirements of
				  law.
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 45.210 - Weekly compensation rate

Current through May 31, 2024
(a) The weekly rate
				of compensation is based on a seven-day week. When computing compensation for a
				number of days not equally divisible by seven, the result will be carried to
				three decimals.
(b) Until an
				employee provides the information requested on the green copy of form 07-6101
				and submits it in accordance with the form's instructions, compensation is due
				based on the assumption that the employee is legally entitled to claim the
				marital status of "single" and himself or herself as a dependent.
(c) For the purpose of determining the weekly
				compensation rate under
				AS
				23.30.175,
				23.30.220,
				and
				23.30.395(23),
				the number of dependents is determined as of the date of injury, and does not
				change, even if the employee's number of actual dependents does
				change.
(d) An employer may reduce
				the employee's weekly compensation rate to a rate equal to the employee's
				spendable weekly wages and to a rate less than $154 for an injury that occurred
				before July 1, 2000, or to a rate less than 22 percent of the maximum
				compensation rate under
				AS
				23.30.175(a) for an injury
				that occurred on or after July 1, 2000, without a board order if
(1)AS
				23.30.220(a)(1) is the
				appropriate method to use in determining the employee's gross weekly
				earnings;
(2) the employee does not
				submit any wage documents, or the employee submits wage documents that entitle
				the employee to less than $154 for an injury that occurred before July 1, 2000,
				or to a rate less than 22 percent of the maximum compensation rate under
				AS
				23.30.175(a) for an injury
				that occurred on or after July 1, 2000;
(3) the employer obtains copies of the
				employee's wage documents or other written proof of the employee's wages for
				the two years before the year of the employee's injury, and submits copies of
				the written proof with the compensation report filed under
				AS
				23.30.155(c); and
(4) the employer files an affidavit stating
				that the written proof submitted under (3) of this subsection represents all of
				the employee's wages that could be obtained after reasonable inquiry and with
				due diligence, and that the employee has not been absent from the labor market
				for 18 or more months in the past two years.
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 45.220 - Gross weekly earnings

Current through May 31, 2024
(a) After calculating the gross weekly
				earnings less the payroll tax deductions under
				AS
				23.30.220, the result will be rounded to the
				nearest dollar.
(b) The calculation
				of an employee's gross weekly earnings set out in (c) of this section applies
				to each of the following periodic payments:
(1) "weekly amount" under
				AS
				23.30.220(a)(1);
(2) "monthly earnings" under
				AS
				23.30.220(a)(2);
(3) "yearly earnings" under
				AS
				23.30.220(a)(3);
(4) "earnings" under
				AS
				23.30.220(a)(4)(A);
(5) "amount that the employee would have
				earned" under
				AS
				23.30.220(a)(4)(B);
(6) "usual wage" under
				AS
				23.30.220(a)(5);
(7) "total wages" under
				AS
				23.30.220(a)(6);
				or
(8) "earnings" under
				AS
				23.30.220(a)(7).
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 45.225 - Social security and pension or profit sharing plan offsets

Current through May 31, 2024
(a) An employer may
				reduce an employee's or beneficiary's weekly compensation under
				AS
				23.30.225(a) by
(1) getting a copy of the Social Security
				Administration's award letter showing the
(A)
				employee or beneficiary is being paid retirement or survivor's
				benefits;
(B) amount, month, and
				year of the initial entitlement; and
(C) amount, month, and year of each
				dependent's initial entitlement;
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 45.400 - List of rehabilitation specialists

Current through May 31, 2024
(a) This section
				applies to the rehabilitation specialists' list to be maintained by the
				administrator for injuries that occur on or after July 1, 1988. The list for a
				specific geographic area is available upon request from the division.
(b) The list of rehabilitation specialists
				will be divided into two geographical sections. One section will contain the
				names and addresses of rehabilitation specialists whose primary domicile and
				business addresses are in this state. The other section will contain names and
				addresses of rehabilitation specialists whose primary domicile and business
				addresses are in other states or countries. The list
(1) for this state will be further subdivided
				into three geographical areas based on the senate districts for southeastern
				and southcentral Alaska, and an area comprised by combining the central and
				northwestern Alaska senate districts, as those districts are described in art.
				XIV, sec. 2, of the Constitution of the State of Alaska; a rehabilitation
				specialist's name will be placed on the list only once for this state by
				matching the rehabilitation specialist's primary domicile and business
				addresses to the geographical area that contains those addresses;
(2) for other states or countries will be
				subdivided by city and state, or country; a rehabilitation specialist's name
				will be placed on the list by matching the rehabilitation specialist's primary
				domicile and business addresses to the appropriate city and state, or
				country.
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 45.410 - Eligibility of rehabilitation specialist

Current through May 31, 2024
(a) To be included
				on the administrator's rehabilitation specialists' list under
				8 AAC 45.400, a person must be a
(1) certified insurance rehabilitation
				specialist as defined in
				8 AAC 45.415(1);
(2) certified rehabilitation counselor as
				defined in 8 AAC 45.415(2);
				or
(3) person who has equivalent or
				better qualifications as defined in
				8 AAC 45.415(3).
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 45.415 - Definition of rehabilitation specialist

Current through May 31, 2024
For purposes of
				  AS
				  23.30.041(r)(6),
				  8 AAC 45.400, and
				  8 AAC 45.410
(1) a "certified insurance rehabilitation
				specialist" means a person currently certified by the Certification of
				Insurance Rehabilitation Specialists Commission; the address of this commission
				is available upon request from the administrator;
(2) a "certified rehabilitation counselor"
				means a person currently certified by the Commission on Rehabilitation
				Counselor Certification; the address of this commission is available upon
				request from the administrator;
(3)
				a "person who has equivalent or better qualifications" means
(A) a person in another state or country who
				has at least a bachelor's degree from an accredited college and a minimum of
				four years of full-time, paid employment providing vocational rehabilitation
				services to disabled persons; or
(B) a person currently certified by the
				Disability Management Specialists Commission as a "certified disability
				management specialist"; the address of this commission is available upon
				request from 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 45.420 - Rehabilitation specialist application

Current through May 31, 2024
(a) To be added to
				the administrator's rehabilitation specialists' list under
				8 AAC 45.400, a person who qualifies under
				8 AAC 45.410(a) must file a completed
				application that includes
(1) a signed and
				notarized statement that
(A) lists the
				person's legal name, primary domicile address, and telephone number;
(B) lists the business address and telephone
				number where the person will be receiving evaluation and plan referrals;
				and
(C) includes an attestation
				that the rehabilitation specialist will personally provide the reemployment
				services to assigned employees in accordance with
				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 45.430 - Assignment of rehabilitation specialists

Current through May 31, 2024
For an injury occurring on or after July 1, 1988, and if
				  required under
				  AS
				  23.30.041, the administrator shall assign a
				  rehabilitation specialist as follows:
(1) If the employee lives in this state, the
				first rehabilitation specialist on the list in the employee's geographical area
				shall be assigned. If there is no rehabilitation specialist on the list or if
				refusals under
				AS
				23.30.041(g) eliminate all
				the rehabilitation specialists on the list for that geographical area, the
				administrator shall assign a specialist from another geographical area. To
				minimize expenses and delay, the assignment from another geographical area must
				be based on the rehabilitation specialist's proximity to the employee, and not
				necessarily to placement on the list.
(2) If the employee lives in another state or
				country, the administrator shall assign the first certified insurance
				rehabilitation specialist or certified rehabilitation counselor on the list
				from the city nearest the employee. If the nearest certified insurance
				rehabilitation specialist or certified rehabilitation counselor on the list is
				more than 100 miles from where the employee lives, the administrator may locate
				a rehabilitation specialist nearer the employee to assign. If the administrator
				is unable to locate a rehabilitation specialist nearer the employee, the
				administrator shall select the first certified insurance rehabilitation
				specialist or certified rehabilitation counselor on the list from the city
				nearest the employee. To reduce expenses and delay in providing services, the
				administrator's primary consideration in assigning a rehabilitation specialist
				must be the specialist's proximity to the employee. The administrator may
				assign a rehabilitation specialist in this state to oversee the providing of
				reemployment services under this paragraph.
(3) Except as otherwise provided in this
				section, once a rehabilitation specialist receives an assignment, that results
				in rehabilitation fees, the administrator may not make another assignment to
				that rehabilitation specialist until assignments have been made to all other
				rehabilitation specialists listed from the same senate district if the
				rehabilitation specialist business address is in this state, or from the same
				city if the rehabilitation specialist's business address is not in this
				state.
(4) A reassignment of an
				employee to a rehabilitation specialist under
				8 AAC 45.530,
				8 AAC 45.540, or
				8 AAC 45.542 may not be made to a rehabilitation
				specialist in the same or an affiliated firm.
Authority:
AS
					 23.30.005
AS
					 23.30.041