reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 55 - Fishermen's Fund › 8 AAC 55.015 - Compelling reasons for extension of duration of care and for additional benefits

Current through May 31, 2024
(a) If a fisherman suffers a compensable
				injury, the fisherman may request compensation for treatment that continues
				beyond one year from the date of initial allowance for compelling reasons. A
				request for an extension of duration of care must
(1) be submitted as a petition to the council
				under 8 AAC 55.025, and on the form
				prescribed by the department;
(2)
				explain why treatment cannot be completed within one year from the date of
				initial allowance; and
(3) include
(A) the fisherman's name and contact
				information;
(B) the name and
				contact information of the fisherman's primary care physician; and
(C) a written treatment plan from the primary
				care physician, citing medical evidence that supports the extended course of
				treatment.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 55 - Fishermen's Fund › 8 AAC 55.020 - Claim proceedings

Current through May 31, 2024
(a) A claim against
				the fund is commenced by filing an application with the department on a
				Fishermen's Report of Injury/Illness & Claim (Form 07-6125).
(b) A separate claim must be filed for each
				separate and independent injury for which benefits are claimed.
(c) No later than 45 days after receipt of a
				completed claim, the administrator shall send a written notice to each
				fisherman whose claim is denied. The notice must state the reason why the
				payment cannot be made.
(d) The
				council shall review the administrator's denial of benefits no later than 180
				days after the denial.
(e) A
				claimant shall promptly inform the administrator of any changes to the
				claimant's address.
Authority:
AS
					 23.35.040
AS 23.35.050
AS
					 23.35.070
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 55 - Fishermen's Fund › 8 AAC 55.025 - Petitions

Current through May 31, 2024
(a) To request an
				extension of duration of care, additional benefits, assistance after discharge
				from a hospital, or additional transportation allowances, a fisherman must
				submit a petition to the department, for a determination from the council. If
				the petition is for
(1) an extension of
				duration of care, the fisherman must comply with the requirements of
				8 AAC 55.015(a);
(2) additional benefits, the fisherman must
				comply with the requirements of
				8 AAC 55.015(b);
(3) assistance after discharge from the
				hospital, the fisherman must
(A) submit the
				petition on the form prescribed by the department; and
(B) include the dates during which
				hospitalization occurred;
(4) for additional transportation allowances,
				the fisherman must
(A) submit the petition on
				the form prescribed by the department;
(B) verify that the additional transportation
				is only for the purpose of providing specialized medical skills that are
				unavailable at the nearest approved medical facility; and
(C) include a written statement from the
				fisherman's treating physician, that sets out the specialized medical skill
				required for the petitioner and the nearest place where it is
				available.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 55 - Fishermen's Fund › 8 AAC 55.030 - Appeals

Current through May 31, 2024
(a) The administrator shall send to the
				council for review a claim for benefits that the administrator has denied under
				8 AAC 55.020(c).
(b) If the administrator has denied a
				fisherman's claim under
				8 AAC 55.020(c), the administrator
				shall send a written notification of the time and place of the council's review
				to the fisherman, so that the fisherman receives the notification no later than
				10 days before the date of the council's review. A fisherman may submit
				additional evidence and witnesses to the council in support of the fisherman's
				claim. The evidence may be presented in writing, by personal appearance, or by
				both methods.
(c) The administrator
				shall notify, in writing, a fisherman with a claim before the council, the
				vessel owner, and each provider of the council's decision.
(d) A fisherman may appeal the decision of
				the council. The council's decision is final unless appealed to the
				commissioner no later than 30 days after mailing of the notice of the council's
				decision. The appeal must be in writing and must include a description of the
				relief sought. The commissioner's decision will be based on a consideration of
				the whole record and will state the facts relied on. The decision of the
				commissioner may be appealed as provided under AS 44.62 (Administrative
				Procedure Act).
Authority:
AS
					 23.35.040
AS
					 23.35.050
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 55 - Fishermen's Fund › 8 AAC 55.035 - Right to subrogation

Current through May 31, 2024
(a) If the department pays benefits from the
				fund, the department, to the extent of the value of the benefits, is subrogated
				to the rights of the fisherman for a claim against a third party arising from
				an injury, disability, occupational disease, or cardiovascular disease covered
				by AS
				23.35.010-23.35.150 and this chapter and to
				the proceeds of an insurance policy covering an injury, disability,
				occupational disease, or cardiovascular disease covered by
				AS
				23.35.010-23.35.150 and this
				chapter.
(b) If the department
				asserts a claim of subrogation against a fisherman, the department may hold
				future claims in abeyance pending resolution of the subrogated claim.
Authority:
AS
					 23.35.050
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 55 - Fishermen's Fund › 8 AAC 55.045 - Reimbursement for medical transportation and lodging expenses

Current through May 31, 2024
(a) This section
				applies to medical transportation and lodging expenses paid by the injured
				commercial fisherman who is receiving or has received medical treatment. All
				reimbursement requests must be substantiated by payment receipts,
(b) Transportation expenses include
(1) reimbursement for mileage, at a rate for
				the use of a private automobile equal to the Internal Revenue Service standard
				mileage rate for reimbursement of travel expenses on the given date if the
				usage is 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.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 55 - Fishermen's Fund › 8 AAC 55.900 - Definitions

Current through May 31, 2024
In this chapter unless the context requires otherwise
(1) "administrator" means the individual
				responsible for administration of claims against the fund;
(2) "commissioner" means the commissioner of
				labor and workforce development;
(3) "council" means the Fishermen's Fund
				Advisory and Appeals Council;
(4)
				"department" means the Department of Labor and Workforce Department;
(5) "fund" means the fishermen's fund
				(AS
				23.35.060);
(6) "injury" means an injury, disability, or
				occupational disease for which benefits are payable under
				AS
				23.35.070;
(7) "provider" means a person licensed under
				AS 08 or in the jurisdiction where services are provided to furnish medical or
				dental services.
Definitions for 8 AAC 55 were formerly located in
					 8 AAC 55.040. The history note of
					 8 AAC 55.900 does not reflect the history of former
					 8 AAC 55.040.
Authority:
AS
					 23.35.050
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.010 - Appeals and petitions for review to the Workers' Compensation Appeals Commission

Current through May 31, 2024
The provisions of this chapter apply to appeals of final
				  decisions and orders of the board to the commission and petitions for review of
				  interlocutory and other non-final decisions and orders of the board to the
				  commission, as provided in
				  AS
				  23.30.125 - 23.30.128.
Authority:
AS
					 23.30.007
AS 23.30.008
AS 23.30.125
AS 23.30.127
AS
					 23.30.128
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.020 - Parties to an appeal of a final board decision or order

Current through May 31, 2024
(a) All individuals
				or entities that were parties in proceedings that resulted in issuance of a
				final decision or order of the board are parties to an appeal of that decision
				or order to the commission.
(b) The
				party filing an appeal is the appellant.
(c) If the director files an appeal, as
				provided in
				AS
				23.30.127(a) and
				8 AAC 57.030(a)(2), the director is the
				appellant.
(d) All other parties to
				an appeal are appellees, regardless of their status in proceedings before the
				board.
(e) If the director
				intervenes in an appeal, as provided in
				AS
				23.30.127(a) and
				8 AAC 57.030(a)(1), the director is an
				appellee.
(f) An appellee may
				choose at any time to not participate in an appeal by filing a notice of
				nonparticipation. An appellee may choose to not participate in a motion for
				stay filed in an appeal, but still choose to participate in the remainder of
				the appeal, by filing a notice of nonparticipation that specifically states
				that the appellee chooses to not participate in the motion for stay, but
				chooses to participate in the remainder of the appeal. A decision or order
				issued in an appeal may apply to a nonparticipating appellee, including an
				order awarding attorney fees and costs to a successful party, as provided in
				AS
				23.30.008(d) and
				8 AAC 57.260.
(g) If an individual who is a party to an
				appeal dies or is adjudged incompetent, the duly appointed representative of
				that deceased or incompetent individual may be substituted for that individual
				as a party to an appeal by filing a notice of substitution and copies of
				documents demonstrating appointment as representative.
Authority:
AS
					 23.30.008
AS
					 23.30.127
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.030 - Intervention and request for ruling by the director

Current through May 31, 2024
(a) The director
				may
(1) intervene in an appeal or petition
				for review; or
(2) file an appeal
				or petition for review to request a ruling if a party in interest to a
				compensation order is not represented by an attorney and the compensation order
				concerns an unsettled question of law.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.040 - Filing and service of documents

Current through May 31, 2024
(a) Filing is the
				procedure whereby a party submits a document to the commission for the
				commission's consideration in an appeal or petition for review. Each document a
				party files with the commission must be
(1)
				signed and dated by the party or the party's attorney filing the document;
				and
(2) hand-delivered or sent by
				first-class United States mail, facsimile transmission, or electronic mail as
				provided in
				8 AAC 57.050 or this section.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.050 - Filing and service by electronic mail and facsimile transmission

Current through May 31, 2024
(a) A party may
				file a document with the commission by electronic mail or facsimile
				transmission.
(b) A document filed
				by electronic mail must be attached in portable document format (.pdf) to the
				electronic mail message. A party filing a document by electronic mail shall
				include in the subject line of the electronic mail
(1) the commission's case number;
(2) the case name; and
(3) a brief description of the document to be
				filed.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.055 - Service by United States mail

Current through May 31, 2024
When a document is served by a party on another party by
				  United States mail, three calendar days will be added to the prescribed number
				  of days to respond or act, unless a commission order specifies a particular
				  calendar date by which an act must occur.
Authority:
AS
					 23.30.008
AS
					 23.30.127
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.057 - Distribution of notices, orders, and decisions by the commission

Current through May 31, 2024
(a) The commission
				will use electronic mail to distribute notices, orders, and decisions issued by
				the commission to the parties. If a self-represented party does not have an
				electronic mail address, the commission will send notices, orders, and
				decisions issued by the commission to the self-represented party by means of
				United States certified mail, return receipt requested, to the party's last
				known address of record. If a notice, order, or decision is sent to a
				self-represented party by means of United States mail, three calendar days will
				be added to the prescribed number of days to respond or act, unless a
				commission order specifies a particular calendar date by which an act must
				occur.
(b) If the clerk is notified
				that an electronic mail sent to an attorney or a self-represented party was
				undeliverable, the clerk shall print the rejection page and place it in the
				case file. The clerk shall also distribute a printed rejection page to the
				attorney or self-represented party by United States mail. The attorney or
				self-represented party is responsible for updating the party's electronic mail
				address of record.
Authority:
AS
					 23.30.008
AS
					 23.30.127
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.060 - Time computation

Current through May 31, 2024
(a) In computing a
				time period specified in
				AS
				23.30.125 - 23.30.128, in this chapter, or in
				an order of the chair or commission,
(1) the
				day of the act, event, or default from which the designated time period begins
				to run is excluded; and
(2) the
				last day of the period is included, unless it is a Saturday, Sunday, or legal
				holiday, in which event the designated time period runs until the end of the
				next day that is not a Saturday, Sunday, or legal holiday.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.065 - Representation of parties to an appeal or petition for review

Current through May 31, 2024
(a) In an appeal or
				petition for review,
(1) a corporation or
				limited liability corporation must be represented by an attorney admitted to
				practice law in the state or permitted to appear under the Alaska Rules of
				Court;
(2) a partnership, a
				non-profit corporation, an unincorporated association, a guardian, or a
				personal representative of an estate must be represented as provided by law;
				and
(3) an individual or sole
				proprietorship may be self-represented or represented by an attorney admitted
				to practice law in the state or permitted to appear under the Alaska Rules of
				Court.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.067 - Self-represented parties

Current through May 31, 2024
(a) If a party is
				self-represented in an appeal or petition for review, all references in this
				chapter to a party's attorney are construed as referring to the
				self-represented party personally. Any document filed by a self-represented
				party must include a mailing address, electronic mail address, or facsimile
				number at which that party can be served, and a telephone number for
				contact.
(b) A self-represented
				party may not have a non-attorney representative but may have a non-attorney
				assistant. A non-attorney assistant may assist a self-represented party by
(1) assembling records, making copies, and
				typing documents;
(2) informing the
				self-represented party of the procedures, regulations, statutes, and decisions
				that may be applicable;
(3)
				completing forms and preparing correspondence and documents; however, all
				documents filed with the commission must be signed and dated by the
				self-represented party, whose signature on those documents constitutes
				certification that the self-represented party has read the documents;
				and
(4) preparing for and attending
				hearings or oral arguments and providing needed support; however, the
				non-attorney assistant may not address the commission, unless permitted by the
				commission or chair.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.070 - Notice of appeal

Current through May 31, 2024
(a) To begin an
				appeal, an appellant shall file a notice of appeal not later than 30 days after
				the date the board's decision and order is filed or, if a timely petition for
				reconsideration was filed with the board, not later than 30 days after the date
				the board's decision and order on reconsideration is filed. If the board does
				not act on the petition for reconsideration, the petition is considered denied.
				A notice of appeal must be filed not later than 30 days after the date the
				petition for reconsideration is considered denied, as provided in
				AS
				23.30.127(a) and
				(b).
(b) The notice of appeal must
(1) specify the board decision or order
				appealed from;
(2) state the
				grounds for the appeal upon which the appellant intends to rely and wishes the
				commission to consider;
(3) be
				served on the director in addition to the other parties, unless the director is
				the appellant; and
(4) be served on
				the attorney general's office in Juneau, Alaska, and the office of the
				assistant attorney general who appeared in the board proceeding, if the state
				or a political subdivision of the state is an appellee.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.073 - Petitions for review or cross-petitions for review of interlocutory or other non-final board decisions or orders

Current through May 31, 2024
(a) A party may
				petition or cross-petition the commission, as provided in
				8 AAC 57.075, for review of an interlocutory or other
				non-final board decision or order that is not otherwise appealable under this
				chapter.
(b) All individuals or
				entities that were parties in proceedings that resulted in issuance of the
				interlocutory or other non-final board decision or order are parties to a
				petition for review of that decision or order to the commission.
(c) The party filing a petition for review is
				the petitioner.
(d) All other
				parties to a petition for review are respondents, regardless of their status in
				proceedings before the board.
(e)
				If an individual who is a party to a petition for review dies or is adjudged
				incompetent, the duly appointed representative of that deceased or incompetent
				individual may be substituted for that individual as a party to a petition for
				review by filing a notice of substitution and copies of documents demonstrating
				appointment as representative.
(f)
				A respondent may choose at any time not to participate in a petition for review
				by filing a notice of nonparticipation. A respondent may choose not to
				participate in a motion for stay filed in a petition for review, but still
				choose to participate in the remainder of the petition for review, by filing a
				notice of nonparticipation that specifically states that the respondent chooses
				not to participate in the motion for stay but wishes to participate in the
				remainder of the petition for review. A decision or order issued in a petition
				for review may apply to a nonparticipating respondent, including an order
				awarding attorney fees and costs to a successful party, as provided in
				AS
				23.30.008(d) and
				8 AAC 57.260.
(g) Review will be granted only if the sound
				policy that an appeal be taken only from a final decision and order of the
				board is outweighed because
(1) postponement
				of review until appeal may be taken from a final decision or order will result
				in injustice because of impairment of a legal right, or because of unnecessary
				delay, expense, hardship, or other related factors;
(2) the interlocutory or other non-final
				board decision or order involves an important question of law on which there is
				substantial ground for difference of opinion, and an immediate review of the
				decision or order may materially advance the ultimate resolution of the
				claim;
(3) the board has so far
				departed from the accepted and usual course of proceedings as to call for the
				commission's review; or
(4) the
				issue is one that might otherwise evade review, and an immediate decision by
				the commission is needed for the guidance of the board.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.077 - Commission consideration of petitions for review or cross-petitions for review

Current through May 31, 2024
(a) The commission
				will consider and decide whether to grant or deny a petition for review or
				cross-petition for review under this section not later than 30 days after the
				response to the petition for review or cross-petition for review is filed or
				the due date to file the response has passed. Oral argument will not be held on
				the question of whether the petition for review or cross-petition for review
				should be granted.
(b) A motion for
				reconsideration of the denial of a petition for review or cross-petition for
				review may not be filed.
(c) If a
				petition for review or cross-petition for review is granted, the commission
				will specify in the order granting the petition for review or cross-petition
				for review whether additional briefing is required of the parties, and whether
				the commission wishes to hear oral argument on the petition for review or
				cross-petition for review.
(d) If
				the commission orders additional briefing or holds oral argument on the
				petition for review or cross-petition for review, the commission will issue its
				decision on the granted petition for review or cross-petition for review not
				later than 60 days from the date the last brief is filed or oral argument is
				held, whichever is later.
Authority:
AS
					 23.30.008
AS 23.30.125
AS 23.30.127
AS
					 23.30.128
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.079 - Decisions on petitions for review or cross-petitions for review

Current through May 31, 2024
In a decision on a granted petition for review or
				  cross-petition for review, the commission will include a statement that if a
				  party seeks review by the supreme court, a petition for review to the supreme
				  court must be filed not later than 10 days after the date shown in the
				  commission's notice of distribution of the decision on the granted petition for
				  review or cross-petition for review.
Authority:
AS
					 23.30.008
AS 23.30.125
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.080 - Panel to hear an appeal or petition for review

Current through May 31, 2024
(a) On the filing
				of a notice of appeal or petition for review, the chair will issue a written
				notice to the parties identifying the members of the panel assigned to hear the
				appeal or petition for review.
(b)
				Unless the commission is hearing a request for reconsideration as provided in
				AS
				23.30.128(f), the chair may
				assign, temporarily or permanently, another member of the commission to fill a
				vacancy on a panel assigned to hear an appeal or petition for review if a
				member is unable to serve on the panel because of conflict of interest,
				absences, illness, death, or the expiration of a member's term with the
				commission. The member assigned to fill a panel vacancy shall meet the
				requirements for panel composition, as provided in
				AS
				23.30.007 and 23.30.128. The chair will issue
				a written notice to the parties identifying the member assigned to fill a panel
				vacancy.
(c) Not later than 10 days
				after the date shown in the certificate of distribution, unless distributed by
				mail, of a notice under (a) or (b) of this section, a party may file a motion
				to remove and replace a member of the panel for any reason provided in
				AS
				23.30.007(l). Members of the
				panel assigned to that appeal or petition for review who are not the subject of
				the motion will decide the motion.
Authority:
AS
					 23.30.007
AS 23.30.008
AS 23.30.009
AS
					 23.30.128
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.090 - Requests for exemption from payment of filing fee or transcript costs

Current through May 31, 2024
(a) At the same
				time the notice of appeal is filed, the appellant may request an exemption from
				payment of the filing fee or transcript costs by filing a motion and the
				commission's
Financial Statement Affidavit,
revised as of May
				2023 and adopted by reference.
(b)
				Not later than 10 days after the date shown in the certificate of service,
				unless served by mail, of a motion for an exemption, any other party may file
				an opposition to the motion.
(c)
				The commission may order, with or without a hearing, the exemption of the
				appellant from full or partial payment of
(1)
				the filing fee, as provided in
				8 AAC 57.070(d)(1); or
(2) the costs of preparation of transcripts
				of board hearing recordings not previously transcribed, as provided in
				8 AAC 57.120.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.100 - Motions for stays of board orders

Current through May 31, 2024
(a) In connection
				with the filing of an appeal or petition for review, an appellant or petitioner
				may file and serve a motion for a stay of a board order. The motion must state
				whether new or additional evidence will be presented at the hearing on the
				motion as provided in
				AS
				23.30.128(c), identify the
				new or additional evidence, and include copies of the new or additional
				documentary evidence.
(b) A motion
				for a stay may include a request for relief in the form of a stay of payments
				under a compensation order that includes the appropriate showing of the grounds
				for a stay of compensation payments as provided in (g) or (h) of this
				section.
(c) Any other party may
				file and serve an opposition to a motion for a stay not later than 10 days
				after the date shown in the certificate of service, unless served by mail, of
				the motion. The opposition must state whether the party intends to present new
				or additional evidence at the hearing, identify the new or additional evidence,
				and include copies of new or additional documentary evidence.
(d) As soon as practicable following the
				filing of a motion for a stay and any opposition to the motion, the chair will
				issue a written notice to the parties of the hearing on the motion, to be held
				after not less than three days' notice.
(e) An appellee or respondent may choose not
				to participate in a motion for stay filed in an appeal or petition for review,
				but still choose to participate in the remainder of the appeal, by filing a
				notice of nonparticipation that specifically states that the appellee or
				respondent chooses not to participate in the motion for stay but wishes to
				participate in the remainder of the appeal or petition for review.
(f) Service of any document under this
				section must be through one of the methods set out under
				8 AAC 57.040 or
				8 AAC 57.050, whether by hand-delivery, first class
				United States mail, facsimile transmission, or electronic mail, that is
				reasonably calculated to provide maximum notice to each of the other
				parties.
(g) To stay continuing
				future periodic compensation payments, an appellant or petitioner must
				demonstrate by affidavit or other evidence
(1) that the appellant or petitioner would
				suffer irreparable damage;
(2) that
				there is a serious and substantial question on the merits; and
(3) the existence of the probability that the
				merits of the appeal or the petition for review will be decided adversely to
				the compensation recipient.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.110 - Record on appeal

Current through May 31, 2024
(a) The record on
				appeal consists of
(1) board hearing
				recordings not previously transcribed; and
(2) the entire board file, including all
				papers, exhibits, depositions, electronic records, electronic mail messages,
				records of walk-in and telephonic communications with claimants relied upon by
				the board, and transcripts of board hearing recordings previously
				transcribed.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.120 - Transcripts

Current through May 31, 2024
(a) Not later than
				10 days after receipt of the board hearing recordings and the list of board
				hearing recordings previously transcribed, as provided in
				8 AAC 57.110(b), the clerk shall issue
				a written notice to the parties that identifies which board hearing recordings
				have been previously transcribed and which board hearing recordings have not
				been previously transcribed.
(b)
				Not later than 10 days after the date shown in the certificate of distribution,
				unless distributed by mail, of the notice under (a) of this section, the
				appellant shall file a designation for transcription of board hearing
				recordings not previously transcribed that are essential to consideration of
				the issues on appeal.
(c) Not later
				than 10 days after the date shown in the certificate of service, unless served
				by mail, of the appellant's designation under (b) of this section, any other
				party may file a designation for transcription of board hearing recordings not
				previously transcribed and not designated by the appellant that are essential
				to consideration of the issues on appeal.
(d) Not later than 10 days after the date
				shown in the certificate of service, unless served by mail, of the appellee's
				designation under (c) of this section or after the due date has passed, the
				appellant shall coordinate with the clerk the selection of a transcriptionist
				and the preparation of transcripts of all board hearing recordings not
				previously transcribed that are designated by the parties for
				transcription.
(e) The clerk shall
				provide to the transcriptionist
(1) copies of
				the designated board hearing recordings not previously transcribed;
(2) copies of the parties' designations for
				transcription; and
(3) copies of
				the relevant board decisions to assist with transcription.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.130 - Briefing schedule

Current through May 31, 2024
(a) On receipt of
				both the record on appeal, as provided in
				8 AAC 57.110, and the transcripts, as provided in
				8 AAC 57.120(h), the chair will issue a
				written notice to the parties of the briefing schedule.
(b) An appellant's brief must be filed not
				later than 30 days after the date shown in the certificate of distribution,
				unless distributed by mail, of the notice of the briefing schedule issued under
				(a) of this section.
(c) An
				appellee's brief must be filed not later than 30 days after the date shown in
				the certificate of service, unless served by mail, of the appellant's brief If
				there is more than one appellant, an appellee's brief must be filed not later
				than 30 days after the date shown in the certificate of service, unless served
				by mail, of the last appellant's brief that is filed.
(d) An appellant may file a reply brief, or a
				notice that no reply brief will be filed, not later than 20 days after the date
				shown in the certificate of service, unless served by mail, of the appellee's
				brief If there is more than one appellee, the reply brief or notice that no
				reply brief will be filed may be filed not later than 20 days after the date
				shown in the certificate of service, unless served by mail, of the last
				appellee's brief that is filed.
(e)
				In a cross-appeal, an appellee who is also a cross-appellant shall file a
				single brief that satisfies the requirements provided in
				8 AAC 57.150(g) not later than 30 days
				after the date shown in the certificate of service, unless served by mail, of
				the appellant's brief (f) In a cross-appeal, an appellant who is also a
				cross-appellee shall file a single reply brief that satisfies the requirements
				provided in
				8 AAC 57.150(h) not later than 30 days
				after the date shown in the certificate of service, unless served by mail, of
				the brief from the appellee who is cross-appealing.
(g) On or before the date a party's brief is
				due, the party shall file with the commission
(1) its original brief and three
				copies;
(2) its original excerpt of
				record or supplemental excerpt of record and three double-sided copies;
				and
(3) proof of service on each of
				the other parties, as provided in
				8 AAC 57.040 or
				8 AAC 57.050, of one copy of the brief and one copy of
				the excerpt of record or supplemental excerpt of record.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.140 - Motions for extensions of time

Current through May 31, 2024
(a) When, in this
				chapter, an action is required or allowed to be done within a specified time
				period, each party may request one routine extension of time in an appeal or
				petition for review by filing a motion before the expiration of that time
				period.
(b) Oppositions to motions
				for routine extensions of time under (a) of this section are not
				permitted.
(c) Except as provided
				under (h) of this section, the clerk may order a routine extension of time not
				to exceed 30 days.
(d) When, in
				this chapter, an act is to be done within a specified time period,
(1) on motion of a party showing good cause
				filed before the expiration of that time period, except as provided under (h)
				of this section, the chair may order an extension of time not to exceed 30
				days; or
(2) on motion of a party
				showing good cause filed after the expiration of that time period, except as
				provided under (h) of this section, the chair may order an extension of time
				not to exceed 20 days.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.145 - Stay of commission proceedings

Current through May 31, 2024
The parties may request that appeal or petition for review
				  proceedings be stayed pending mediation, settlement negotiations, or board
				  approval of a settlement between the parties by filing a stipulation signed by
				  the parties that states the reasons the proceedings should be stayed and the
				  requested length of the stay. If a stay of proceedings is granted, the
				  commission may order the parties to file status reports to advise the
				  commission on the progress of mediation, settlement negotiations, or board
				  approval of a settlement.
Authority:
AS
					 23.30.008
AS 23.30.125
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.150 - Content and form of briefs and memoranda

Current through May 31, 2024
(a) Briefs and
				memoranda must
(1) be in clear and legible
				black typeface or hand printing in black ink;
(2) be in 12- or 13-point font
				size;
(3) be
				double-spaced;
(4) be on white
				paper eight and one-half inches wide and 11 inches long;
(5) have one-inch margins all
				around;
(6) have footers and
				footnotes that are single-spaced; the footers and footnotes may be typed in a
				smaller font, but not smaller than 10-point;
(7) if longer than one page, have pages
				numbered consecutively; and
(8)
				include proof of service on the other parties.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.160 - Amicus brief

Current through May 31, 2024
(a) A non-party may
				request permission to file an amicus brief by filing a motion.
(b) On a motion under (a) of this section,
				the non-party shall identify its interest in the appeal and state the reasons
				why an amicus brief is desirable.
(c) Not later than 10 days after the date
				shown in the certificate of service, unless served by mail, of a motion under
				(a) of this section, any party may file an opposition to the motion.
(d) The chair will decide a motion under (a)
				of this section. If permission to file an amicus brief is granted, it must be
				filed as ordered by the chair.
Authority:
AS
					 23.30.008
AS 23.30.009
AS 23.30.127
AS
					 23.30.128
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.170 - Preparation of excerpts of record

Current through May 31, 2024
Each party shall prepare an excerpt of record or supplemental
				  excerpt of record, as provided in
				  8 AAC 57.180, for simultaneous filing with the party's
				  brief, as provided in
				  8 AAC 57.130(g)(2).
Authority:
AS
					 23.30.008
AS
					 23.30.127
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.180 - Contents of excerpts of record

Current through May 31, 2024
(a) The excerpt of
				record from an appellant or an appellant who is also a cross-appellee must
				include the following:
(1) the claim,
				accusation, answer, or petition setting out the issues to be decided;
(2) other decisions or orders of the board
				for which review is sought;
(3) if
				the party is challenging the admission or exclusion of evidence or other oral
				ruling or order, a copy of the pages of the transcript at which the evidence,
				ruling, or order, the relevant discussion by the board, and any necessary
				objection are recorded; and
(4)
				true and correct copies of documents in the record that are referenced in the
				appellant's brief that support each factual assertion of the appellant.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.190 - Evidence

Current through May 31, 2024
(a) The introduction of new or additional
				evidence is not permitted in an appeal, except as provided in
				AS
				23.30.128(a) and
				(c).
(b) If new or additional evidence is
				permitted, the commission is not bound by common law or statutory rules of
				evidence, except that rules of privilege apply to the same extent that they
				apply in the Alaska Court System. The chair may admit any evidence of the type
				on which a reasonable person might rely in the conduct of serious
				affairs.
(c) The chair may
(1) refuse to admit evidence that is unduly
				repetitious or likely to arouse prejudice or passion unrelated to the matter in
				issue; or
(2) exclude any
				documentary, testimonial, or physical evidence that was not disclosed in
				advance of filing to all parties, unless the failure to disclose was due to
				surprise, newly discovered evidence that could not have been disclosed sooner
				through the exercise of due diligence, or the misconduct of a party.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.200 - Oral argument

Current through May 31, 2024
(a) Unless
				otherwise ordered by the commission, oral argument will be held only as
				provided in this section.
(b) Not
				later than 10 days after the date on which the reply brief is filed or due to
				be filed, or not later than 10 days after notice that a reply brief will not be
				filed, a party may request oral argument by filing a written request for oral
				argument.
(c) Oppositions to
				requests for oral argument are not permitted.
(d) If oral argument is requested, the chair
				will issue a written notice to the parties of the date and time for oral
				argument, and whether oral argument will be held in person, by means of
				telephone conference, by means of video conference, or in any combination of
				the three.
(e) If the parties do
				not request oral argument, but the commission panel members have questions they
				would like addressed by the parties, the commission may schedule oral
				argument.
(f) Unless otherwise
				ordered by the chair, the time permitted for oral argument is 30 minutes for
				each side, excluding the time devoted to responding to questions by the
				commission panel members. If there is more than one appellant or appellee, the
				parties must decide among themselves the apportionment of the 30 minutes of
				argument allotted to their side.
Authority:
AS
					 23.30.008
AS 23.30.009
AS 23.30.127
AS
					 23.30.128
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.210 - Motions and stipulations

Current through May 31, 2024
(a) One or more
				parties may request or apply for specific action by the chair or commission
				relating to an appeal or petition for review by filing
(1) a motion;
(2) an unopposed or joint motion;
				or
(3) a stipulation signed by the
				parties.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.220 - Final commission decision

Current through May 31, 2024
The commission will issue a final decision, as provided in
				  AS
				  23.30.128. In a final decision, the
				  commission will include a statement that, if a party seeks review by the
				  supreme court, a notice of appeal to the supreme court must be filed no later
				  than 30 days after the date shown in the commission's notice of distribution of
				  the final decision.
Authority:
AS
					 23.30.008
AS
					 23.30.128
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.230 - Reconsideration

Current through May 31, 2024
(a) A party may
				request reconsideration of a final commission decision or order by filing a
				motion, supported by an affidavit or other evidence of the specific grounds for
				reconsideration, as provided in
				AS
				23.30.128(f), not later than
				30 days from the commission's distribution of the final decision or
				order.
(b) A party may request
				reconsideration of a non-final decision or order of the commission by filing a
				motion, supported by an affidavit or other evidence of the specific grounds for
				reconsideration, not later than 10 days after the commission's distribution of
				the non-final decision or order.
(c) Oppositions to requests for
				reconsideration are not permitted unless requested by the chair.
Authority:
AS
					 23.30.008
AS 23.30.009
AS
					 23.30.128
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.235 - Commission clerk

Current through May 31, 2024
(a) The commission
				clerk may not permit an original record of the commission, on paper or
				electronic media, to be removed from the commission's office, except as
				required by order of the chair or this chapter. The clerk shall maintain the
				record on appeal transferred from the board in the commission office during the
				pendency of the appeal, unless the chair orders the record on appeal to be
				returned to the board for
(1) consideration
				of a settlement or other action that may resolve the appeal; or
(2) other reasons to advance the prompt,
				fair, and orderly disposition of the appeal.
Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.240 - Dismissal of appeals on settlement or motion of a party

Current through May 31, 2024
(a) On the filing
				of an unopposed or joint motion, or on a stipulation signed by the parties, the
				chair may issue an order dismissing an appeal upon settlement. The unopposed or
				joint motion, or stipulation must
(1) state
				the parties' agreement that the appeal be dismissed;
(2) state the terms for allocating payment of
				fees and costs between the parties, including attorney fees and costs on
				appeal, as provided in
				AS
				23.30.008(d); and
(3) have an attached copy of the
				board-approved compromise and release agreement or settlement agreement if
				board approval of the settlement is required.