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 45.050 - Pleadings

Current through May 31, 2024
(a) A person may start a proceeding before
				the board by filing a written claim or petition.
(b) For claims and petitions under this
				subsection,
(1) a claim is a written request
				for benefits, including compensation, attorney fees, costs, interest,
				reemployment or rehabilitation benefits, rehabilitation specialist or provider
				fees, or medical benefits under AS 23.30 that meet the requirements of (4) of
				this subsection; the claim may be filed on a form provided by the board: in
				this chapter, an application is a written claims;
(2) a petition is a written request for
				action by the board other than a claim that meets the requirements of (8) of
				this subsection; the petition may be filed on a form provided by the
				board;
(3) parties must be
				designated in accordance with
				8 AAC 45.170;
(4) not later than 10 days after receiving a
				completed claim in accordance with this paragraph, the board or its designee
				will give notice that a claim has been filed by serving a copy of the claim by
				certified mail, return receipt requested, upon the employer or other person who
				may be an Interested party and, if the employer was not insured at the time of
				the injury, upon the Alaska Workers' Compensation Benefits Guaranty Fund; the
				board or its designee will not serve an incomplete claim and will return the
				incomplete claim to the claimant; a complete claim must include
(A) the names and addresses of all parties,
				the date of injury, and the general nature of the dispute between the parties;
				and
(B) the signature of the
				claimant or a claimant's representative;
(5) a separate claim must be filed for each
				injury for which benefits are claimed regardless of whether the employer is the
				same in each case; if a single incident injures two or more employees,
				regardless of whether the employers are the same, two or more cases may be
				consolidated for the purpose of taking evidence; a party may ask for
				consolidation by filing a petition for and asking in writing for a prehearing,
				or a designee may raise the issue at a prehearing; to consolidate cases at the
				prehearing the designee must
(A) determine
				the injuries or issues in the cases are similar or closely related;
(B) determine that hearing both cases
				together would provide a speedier remedy; and
(C) state on the prehearing summary that the
				cases are consolidated, and state which case number is the master case
				number;
(6) for cases
				that have been consolidated under (5) of this subsection,
(A) a pleading or documentary evidence filed
				by a party must list the master case number first and then all the other
				consolidated case numbers;
(B) a
				compensation report, controversion notice, or a notice under
				AS
				23.30.205(f) must list only
				the case number assigned to the particular injury with the employer filing the
				report or notice;
(C) documentary
				evidence filed for one of the consolidated cases will be filed in the master
				case file; the evidence is part of the record in each of the consolidated
				cases; and
(D) the original of the
				board's decision and order will be filed in the master case file, and a copy of
				the decision and order will be filed in each of the consolidated case
				files;
(7) after the
				board hears consolidated cases, the division will separate the case files, if
				appropriate, and will notify the parties; if the consolidated case files are
				separated, a pleading or documentary evidence filed thereafter by a party must
				list only the case number assigned to the particular injury with the employer
				filing the pleading or documentary evidence;
(8) except for a petition for a
				self-insurance certificate or an executive officer waiver, a petition must be
				signed by the petitioner or the petitioner's representative and include the
				names and addresses of all parties, the date of injury, a description of the
				general nature of the dispute between the parties, and proof of service of the
				petition upon all parties; the board or its designee will not act on a petition
				that does not meet the requirements of this paragraph and will return an
				incomplete petition to the petitioner; a petition that alleges that a
				disability has ended or an impairment has become permanent must include
(A) the dates for which compensation was
				paid;
(B) the amount of
				compensation paid to the employee;
(C) the date on which the petitioner claims
				the disability ended or the impairment became permanent; and
(D) a completed medical summary on Form
				07-6103.