Alaska Administrative Code

(a) The testimony of a material witness, including a party, may be taken by written or oral deposition in accordance with the Alaska Rules of Civil Procedure. In addition, the parties may agree or, upon a party's petition, the board or designee will exercise discretion and direct…

(a) The board will serve a copy of the claim by certified mail, return receipt requested, upon each party or the party's representative of record. (b) A party may file a document with the board, other than the annual report under AS 23.30.155(m), personally, by mail, or by electr…

(a) In computing any time period prescribed by the Act or this chapter, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period is included, unless it is a Saturday, Sunday or a legal holiday,…

(a) After a claim or petition has been filed, a party may file a written request for a prehearing, and the board or designee will schedule a prehearing. Even if a claim, petition, or request for prehearing has not been filed, the board or its designee will exercise discretion dir…

(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 cha…

(a) A hearing officer shall serve as a commissioner's designee to hear and decide procedural and stipulated matters without a panel. An action of a hearing officer under this section is an action of the full board. (b) For purposes of this section, (1) a procedural matter is limi…

The venue for injuries occurring in the First Judicial District is Juneau. The venue for injuries occurring in the Second and Fourth Judicial Districts is Fairbanks. The venue for injuries occurring in the Third Judicial District is Anchorage. A hearing will be held only in a cit…

(a) A party may request the continuance or cancellation of a hearing by filing a (1) petition with the board and serving a copy upon the opposing party; a request for continuance that is based upon the absence or unavailability of a witness(A) must be accompanied by an affidavit …

Notes 8 AAC 45.080 Repealed 5/28/83. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compar…

(a) When filling a prescription provided to an employee as a medical benefit under the Act, an available generic drug product must be dispensed in place of a name-brand drug product when the cost of the generic drug product is less, except that a name-brand drug product that is m…

(a) The employer's obligation to furnish medical treatment under AS 23.30.095 extends only to medical and dental services furnished by providers, unless otherwise ordered by the board after a hearing or consented to by the employer. The board will not order the employer to pay ex…

(a) A fee or other charge for medical treatment or service may not exceed the maximums in AS 23.30.097. The fee or other charge for medical treatment or service (1) provided on or after December 1, 2015, but before April, 2017, may not exceed the fee schedules set out in (b) - (l…

(a) This section applies to expenses to be paid by the employer to an employee who is receiving or has received medical treatment. (b) Transportation expenses include (1) a mileage rate, for the use of a private automobile, equal to the rate the state reimburses its supervisory e…

(a) An insurer subject to this chapter shall file, in a format prescribed by the director, notice with the division not later than 10 days after the initiation or renewal of the employer's workers' compensation insurance. (b) A self-insured employer or insurer subject to this cha…

(a) A provider who renders medical or dental services under the Act shall serve a report on the employer no later than 14 days after each service. The report must include (1) a statement whether the report is the first report, a treatment plan, or a progress report; (2) the date …

(a) The board will, in its discretion, direct an employee who was injured before July 1, 1988, to be examined by an independent medical examiner in accordance with 8 AAC 45.092, and direct the independent medical examiner to provide the board and the parties with a complete repor…

(a) The board will maintain a list of physicians' names for second independent medical evaluations. The names will be listed in categories based on the physician's designation of specialty or particular type of practice and the geographic location of the physician's practice. (b)…

(a) A qualifying medical examination under AS 23.30.121(b)(3)(A) must occur no later than 30 days after an individual's employment as a firefighter. (b) A medical examination under AS 23.30.121(b)(3)(A) or (B) must consist of (1) a medical history, on form 07-6176, completed by t…

The provisions of AS 23.30.121(b)(1)(A) and (B) do not apply to a firefighter who develops a cardiovascular or lung condition and has a history of tobacco product exposure. For purposes of this section, tobacco product exposure is (1) significant direct tobacco product use throug…

(a) An employee who, having been properly served with a request for release of information, feels that the information requested is not relevant to the injury must, within 14 days after service of the request, petition for a prehearing under 8 AAC 45.065. (b) If after a prehearin…

Notes 8 AAC 45.100 Repealed 5/28/83. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compar…

(a) Nothing in this section relieves a board member's duty to comply with the provisions of AS 39.52.010-39.52.960 (Alaska Executive Branch Ethics Act) and 9 AAC 52.010 - 9 AAC 52.990. A board member holds office as a public trust, and an effort to benefit from a personal or fina…

(a) Before conducting a hearing on a case, each board panel member shall be given the names of the parties involved in the hearing and any other appropriate information necessary for the board panel member to determine if the individual member, or another member, has a conflict o…

(a) Evidence, exhibits, or other things received in evidence at a hearing or otherwise placed in the record by board order and any thing filed in the case file established in accordance with 8 AAC 45.032 is the written record at a hearing before the board. A person may see or get…

A witness list must indicate whether the witness will testify in person, by deposition, or telephonically, the witness's address and phone number, and a brief description of the subject matter and substance of the witness's expected testimony. If a witness list is required under …

Except when the board or its designee determines that unusual and extenuating circumstances exist, legal memoranda must (1) be filed and served at least five working days before the hearing, or timely filed and served in accordance with the prehearing ruling if an earlier date wa…

Except when the board or its designee determines that unusual and extenuating circumstances exist, the amount of time at a hearing for a party's opening and closing arguments, including a statement of the issues, will be a combined total of not more than 20 minutes. Notes 8 AAC 4…

(a) Witnesses at a hearing shall testify under oath or affirmation. The board will, in its discretion, examine witnesses and will allow all parties present an opportunity to do so. Except as provided in this subsection and 8 AAC 45.112, a party who wants to present a witness's te…

(a) The board will give public notice of the edition of the American Medical Association Guides to the Evaluation of Permanent Impairmentand effective date for using the edition by publishing a notice in a newspaper of general circulation in Anchorage, Fairbanks, and Juneau as we…

The board will prepare and serve the findings and award as well as all other orders in these proceedings. Notes 8 AAC 45.130 In effect before 7/28/59 Authority:AS 23.30.005 AS 23.30.110 State regulations are updated quarterly; we currently have two versions available. Below is a …

If an employee dies during a period of controversion, compensation benefits which have accrued but have not been paid, unless provided for in AS 23.30.195, belong to the employee's estate as determined by the laws of the state. Notes 8 AAC 45.132 Eff. 5/28/83, Register 86 Authori…

(a) If the board finds that a party other than the party liable under the Act has paid compensation, the board may order the party actually liable for the payments to reimburse the party which has paid. (b) In accordance with AS 23.30.155(j), the employer may reduce permanent tot…

(a) When the employer or carrier begins, increases, reduces, terminates, suspends or otherwise modifies compensation payments to the employee, the employer or carrier shall notify the division of the nature and substance of the commencement or change within 28 days after the comm…

(a) The cost-of-living adjustment provided in AS 23.30.175 applies only to payments related to injuries occurring on or after July 1, 1988. (b) the department will identify an organization it selects to perform the cost-of-living surveys that determine the cost-of-living adjustme…

Notes 8 AAC 45.140 Repealed 5/28/83. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compar…

(a) If compensation is not paid when due, interest must be paid at the rate established in AS 45.45.010 for an injury that occurred before July 1, 2000, and at the rate established in AS 09.30.070(a) for an injury that occurred on or after July 1, 2000. If more than one installme…

(a) The board will, in its discretion, grant a rehearing to consider modification of an award only upon the grounds stated in AS 23.30.130. (b) A party may request a rehearing or modification of a board order by filing a petition for a rehearing or modification and serving the pe…

(a) The board will review a settlement agreement that provides for the payment of compensation due or to become due and that undertakes to release the employer from any or all future liability. A settlement agreement will be approved by the board only if a preponderance of eviden…

In computing the present value of all future compensation and benefits under AS 23.30.015(e), the interest rate is two percent less than that set in AS 45.45.010 for an injury that occurred before July 1, 2000, and two percent less than that set in AS 09.30.070(a) for an injury t…

(a) Each injury will be listed in the board's files under the name of the employee claimed to have been injured, regardless of whether or not that person is the claimant. Reference to the injury will be by the name of the injured employee and the board's injury number. (b) Partie…

(a) Upon the verified petition of a person or upon its own motion, the division will investigate an employer who is alleged to be in violation of AS 23.30.075. (b) At the request of the division and after a hearing, if the board finds an employer is in violation of AS 23.30.075, …

Upon request by the division, the board or its designee will issue subpoenas, including subpoenas duces tecum, if an employer is under investigation for failure to insure for workers' compensation liability, and the employer fails to comply with discovery demands within 30 days a…

(a) If the board finds an employer to have failed to provide security as required by AS 23.30.075, the employer is subject to a civil penalty under AS 23.30.080(f), determined as follows:(1) if an employer has an inadvertent lapse in coverage, the civil penalty assessed under AS …

(a) Upon receipt of a report of occupational injury or illness involving an injury to an employee employed by an employer who appeared to be uninsured at the time of the injury, the division shall immediately notify the division's special investigations section and the administra…

(a) A person who seeks to represent a party in a matter pending before the board shall file a written notice of appearance with the board, and shall serve a copy of the notice upon all parties. The notice of appearance must include the representative's name, address, and phone nu…

(a) This section does not apply to fees incurred in appellate proceedings. (b) A fee under AS 23.30.145(a) will only be awarded to an attorney licensed to practice law in this or another state. An attorney seeking a fee from an employer for services performed on behalf of an appl…

(a) To controvert a claim the employer shall file form 07-6105 in accordance with AS 23.30.155(a) and shall serve a copy of the notice of controversion upon all parties in accordance with 8 AAC 45.060. This notice must be filed in addition to the notice required under AS 23.30.15…

Notes 8 AAC 45.184 Eff. 5/28/83, Register 86; am 3/16/90, Register 113; am 7/20/97, Register 143; repealed 12/23/2021, Register 240, October 2021 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent versi…

(a) For the purposes of AS 23.30.240, "owns" includes a person's ownership interest in a corporation or limited liability company as (1) a beneficiary of a revocable trust that owns a corporation or limited liability company or (2) owner of another corporation or limited liabilit…

(a) In order to satisfy the notice provisions of AS 23.30.205(e) an employer or carrier shall, no later than 100 weeks after receipt of knowledge of the injury or death, file form 07-6110 with the board and serve a copy of the form upon all interested parties in accordance with 8…