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 45.052 - Medical summary

Current through May 31, 2024
(a) A medical summary on form 07-6103,
				listing each medical report in the claimant's or petitioner's possession which
				is or may be relevant to the claim or petition, must be filed with a claim or
				petition. The claimant or petitioner shall serve a copy of the summary form,
				along with copies of the medical reports, upon all parties to the case and
				shall file the original summary form with the board.
(b) The party receiving a medical summary and
				claim or petition shall file with the board an amended summary on form 07-6103
				within the time allowed under
				AS
				23.30.095(h), listing all
				reports in the party's possession which are or may be relevant to the claim and
				which are not listed on the claimant's or petitioner's medical summary form. In
				addition, the party shall serve the amended medical summary form, together with
				copies of the reports, upon all parties.
(c) Except as provided in (f) of this
				section, a party filing an affidavit of readiness for hearing must attach an
				updated medical summary, on form 07-6103, if any new medical reports have been
				obtained since the last medical summary was filed.
(1) If the party filing an affidavit of
				readiness for hearing wants the opportunity to cross-examine the author of a
				medical report listed on the medical summaries that have been filed, the party
				must file with the board, and serve upon all parties, a request for
				cross-examination, together with the affidavit of readiness for hearing and an
				updated medical summary and copies of the medical reports listed on the medical
				summary, if required under this section.
(2) If a party served with an affidavit of
				readiness for hearing wants the opportunity to cross-examine the author of a
				medical report listed on the medical summaries filed as of the date of service
				of the affidavit of readiness for hearing, a request for cross-examination must
				be filed with the board, and served upon all parties, within 10 days after
				service of the affidavit of readiness for hearing.
(3) After an affidavit of readiness for
				hearing has been filed, and until the claim is heard or otherwise resolved,
(A) all updated medical summaries must be
				accompanied by a request for cross-examination if the party filing the updated
				medical summary wants the opportunity to cross-examine the author of a medical
				report listed on the updated medical summary; and
(B) if a party served with an updated medical
				summary and copies of the medical reports listed on the medical summary wants
				the opportunity to cross-examine the author of a medical report listed on the
				updated medical summary, a request for cross-examination must be filed with the
				board and served upon all parties within 10 days after service of the updated
				medical summary.
(4) If
				an updated medical summary is filed and served less than 20 days before a
				hearing, the board will rely upon a medical report listed in the updated
				medical summary only if the parties expressly waive the right to
				cross-examination, or if the board determines that the medical report listed on
				the updated summary is admissible under a hearsay exception of the Alaska Rules
				of Evidence.
(5) A request for
				cross-examination must specifically identify the document by date and author,
				generally describe the type of document, state the name of the person to be
				cross-examined, state a specific reason why cross-examination is requested, be
				timely filed under (2) of this subsection, and be served upon all parties.
(A) If a request for cross-examination is not
				in accordance with this section, the party waives the right to request
				cross-examination regarding a medical report listed on the updated medical
				summary.
(B) If a party waived the
				right to request cross-examination of an author of a medical report listed on a
				medical summary that was filed in accordance with this section, at the hearing
				the party may present as the party's witness the testimony of the author of a
				medical report listed on a medical summary filed under this section.