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 45.070 - Hearings

Current through May 31, 2024
(a) Hearings will be held at the time and
				place fixed by notice served by the board under
				8 AAC 45.060(e). A hearing may be
				adjourned, postponed, or continued from time to time and from place to place at
				the discretion of the board or its designee, and in accordance with this
				chapter.
(b) Except as provided in
				(1)(A) of this subsection and
				8 AAC 45.074(c), a hearing will not be
				scheduled unless a claim or petition has been filed, and an affidavit of
				readiness for hearing has been filed and that affidavit is not returned by the
				board or designee nor is the affidavit the basis for scheduling a hearing that
				is cancelled or continued under
				8 AAC 45.074(b). The board has
				available an Affidavit of Readiness for Hearing form that a party may complete
				and file. The board or its designee will return an affidavit of readiness for
				hearing, and a hearing will not be set if the affidavit lacks proof of service
				upon all other parties, or if the affiant fails to state that the party has
				completed all necessary discovery, has all the necessary evidence, and is fully
				prepared for the hearing.
(1) A hearing is
				requested by using the following procedures:
(A) For review of an administrator's decision
				issued under
				AS
				23.30.041(d), a party shall
				file a petition asking for review of the administrator's decision an affidavit
				of readiness for hearing form is not required. In reviewing the administrator's
				decision, the board may not consider evidence that was not available to the
				administrator at the time of the administrator's decision unless the board
				determines the evidence is newly discovered and could not with due diligence
				have been produced for the administrator's consideration.
(B) On the written arguments and evidence in
				the board's case file regarding a claim or petition, a party must file an
				affidavit of readiness for hearing in accordance with (2) of this subsection
				requesting a hearing on the written record. If the opposing party timely files
				an affidavit opposing a hearing on the written record, the board or designee
				will schedule an in-person hearing. If the opposing party does not timely file
				an affidavit opposing the hearing on the written record, the board will, in its
				discretion, decide the claim or petition based on the written record. If the
				board determines additional evidence or written arguments are needed to decide
				a claim or petition, the board will schedule an in-person hearing or will
				direct the parties to file additional evidence or arguments.
(C) For an appearance in-person at the
				hearing, except for a venue determination, a party must file an affidavit of
				readiness in accordance with (2) of this subsection requesting an in-person
				hearing.
(D) On a venue dispute, a
				party must file a petition asking the board to determine the venue and an
				affidavit of readiness for hearing on the written record. In accordance with
				8 AAC 45.072, the board will consider the parties'
				written arguments and evidence in the case file, and an in-person hearing will
				not be held.
(E) For default under
				AS
				23.30.170, a party shall file a claim and may
				file the claim together with an affidavit of readiness for hearing.