Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 3 - Workers' Compensation › Chapter 57 - Appeals › 8 AAC 57.075 - Procedure for petitions for review or cross-petitions for review of interlocutory or other non-final board decisions and orders

Current through May 31, 2024
(a) Unless a
				petition for reconsideration of an interlocutory or other non-final board
				decision or order is timely filed with the board under
				AS
				44.62.540, a petition for review must be
				filed with the commission not later than 15 days after the date that the board
				filed the decision or order for which commission review is sought.
(b) If a petition for reconsideration of an
				interlocutory or other non-final board decision or order is timely filed with
				the board under
				AS
				44.62.540, a petition for review must be
				filed with the commission not later than 15 days after the date that the board
				filed the reconsideration decision or the date that the petition for
				reconsideration is considered denied in the absence of any board action,
				whichever is earlier.
(c) When a
				petition for review is filed, any other party may file a cross-petition for
				review of the same decision or order. A cross-petition must be filed not later
				than 15 days after the date shown in the certificate of service, unless served
				by mail, of the petition for review.
(d) The party filing a petition for review is
				the petitioner. All other parties to the interlocutory or non-final board
				decision or order are respondents, regardless of their status in proceedings
				before the board. A party filing a cross-petition for review is a
				cross-petitioner.
(e) Upon the
				filing of a petition for review, the clerk shall promptly notify the board,
				informing the board of the date and number of the decision or order sought to
				be reviewed, the name of the party filing the petition, and the docket number
				assigned to the petition by the commission.
(f) A petition for review or cross-petition
				for review may not exceed 15 pages in length, exclusive of appendices, must
				conform to the requirements in
				8 AAC 57.150(a), and must include
(1) the name, current mailing address,
				telephone number, and facsimile number or electronic mail address of the party
				filing the petition for review or cross-petition for review, or the party's
				attorney if the party is represented by an attorney;
(2) an entry of appearance by the attorney
				representing the petitioner if applicable;
(3) the names, current mailing addresses,
				telephone numbers, and facsimile numbers or electronic mail addresses of the
				other parties to the decision or order for which review is sought, or the
				parties' attorneys if the parties are represented by attorneys;
(4) a copy of the interlocutory or other
				non-final board decision or order for which review is sought, or a statement of
				the substance of the decision or order if it was rendered orally;
(5) a statement of the facts necessary to an
				understanding of the question determined by the board's decision or
				order;
(6) a statement of the
				issues sought to be reviewed;
(7) a
				statement of the reasons why review should not be postponed until appeal may be
				taken from a final decision or order;
(8) a statement of the reasons why the
				board's decision or order is alleged to be erroneous;
(9) a statement of the precise relief
				sought;
(10) an index of
				attachments; and
(11) proof of
				service on the office of the board panel involved and all parties to the board
				proceeding giving rise to the decision or order for which review is
				sought.