Alaska Administrative Code

Notice required under AS 23.30.015(j) of the commencement of an action shall be in writing, filed with the board, and served upon all parties to the injured or deceased employee's compensation case. The notice must include the complete title and case number of the action. Notes 8…

(a) In death cases where there are minor or mentally incompetent beneficiaries and the amount of compensation to be paid in a lump sum to the beneficiary does not exceed $10,000, the director may order compensation to be paid in a lump sum on behalf of the beneficiary directly to…

A procedural requirement in this chapter may be waived or modified by order of the board if manifest injustice to a party would result from a strict application of the regulation. However, a waiver may not be employed merely to excuse a party from failing to comply with the requi…

(a) The weekly rate of compensation is based on a seven-day week. When computing compensation for a number of days not equally divisible by seven, the result will be carried to three decimals. (b) Until an employee provides the information requested on the green copy of form 07-6…

(a) After calculating the gross weekly earnings less the payroll tax deductions under AS 23.30.220, the result will be rounded to the nearest dollar. (b) The calculation of an employee's gross weekly earnings set out in (c) of this section applies to each of the following periodi…

(a) An employer may reduce an employee's or beneficiary's weekly compensation under AS 23.30.225(a) by (1) getting a copy of the Social Security Administration's award letter showing the (A) employee or beneficiary is being paid retirement or survivor's benefits; (B) amount, mont…

Unless a party requests service by first class mail, the reemployment benefits administrator shall perform service required under 8 AAC 45.400 - 8 AAC 45.900 by electronic mail. If a party does not have a valid electronic mail address, the reemployment benefits administrator shal…

(a) This section applies to the rehabilitation specialists' list to be maintained by the administrator for injuries that occur on or after July 1, 1988. The list for a specific geographic area is available upon request from the division. (b) The list of rehabilitation specialists…

(a) To be included on the administrator's rehabilitation specialists' list under 8 AAC 45.400, a person must be a (1) certified insurance rehabilitation specialist as defined in 8 AAC 45.415(1); (2) certified rehabilitation counselor as defined in 8 AAC 45.415(2); or (3) person w…

For purposes of AS 23.30.041(r)(6), 8 AAC 45.400, and 8 AAC 45.410 (1) a "certified insurance rehabilitation specialist" means a person currently certified by the Certification of Insurance Rehabilitation Specialists Commission; the address of this commission is available upon re…

(a) To be added to the administrator's rehabilitation specialists' list under 8 AAC 45.400, a person who qualifies under 8 AAC 45.410(a) must file a completed application that includes (1) a signed and notarized statement that(A) lists the person's legal name, primary domicile ad…

For an injury occurring on or after July 1, 1988, and if required under AS 23.30.041, the administrator shall assign a rehabilitation specialist as follows: (1) if the employee lives in this state, the administrator shall assign the first rehabilitation specialist on the list of …

(a) An administrator shall review a rehabilitation specialist's work at least once each calendar year. (b) If the administrator determines that the work completed by a rehabilitation specialist during the review period does not meet the standards of 8 AAC 45.440(a)(1) or (2)(A) o…

(a) The administrator may disqualify a rehabilitation specialist from providing services under AS 23.30.041 and AS 23.30.043 if the rehabilitation specialist (1) demonstrates unsuitable behavior; (2) fails to (A) timely file two or more eligibility evaluations, eligibility evalua…

For purposes of AS 23.30.041(m), only the certified rehabilitation specialist assigned to a case may perform the following activities: (1) acting as the primary contact for the employee and for the employer or insurer; (2) conducting the interviews with the employee and employer;…

For purposes of AS 23.30.041, "gross hourly wages at the time of injury" is determined as follows: (1) For an injury that occurred before July 1, 2000, if the employee was paid on an hourly basis at the time of injury, gross hourly wages are the actual hourly wage at the time of …

(a) Regardless of the employee's date of injury, the rehabilitation specialist whose name appears on the referral letter must prepare and file with the administrator all evaluations, reports, and plans for an employee receiving rehabilitation assistance under the Act and this cha…

(a) For compensable injuries occurring on or after November 7, 2005, an employee and an employer may stipulate to the employee's eligibility for reemployment benefits. The stipulation must be in writing, and completed on a form prescribed by the administrator. (b) No more than fi…

(a) For compensable injuries occurring on or after January 1, 2025, if the employee has been totally unable to return to the employee's employment at the time of injury for 25 consecutive days, the employer shall notify the administrator in writing on the 26th day. Not more than …

(a) For injuries occurring on or after January 1, 2025, if the employee has been totally unable to return to the employee's employment at time of injury for at least 90 consecutive days, but less than 120 consecutive days as a result of the injury, the employee or employer may re…

Notes 8 AAC 45.520 Eff. 7/2/98, Register 146; repealed 7/9/2011, Register 199 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…

(a) For injuries occurring on or after January 1, 2025, if an employee has been totally unable to return to the employee's employment as a result of the injury for 120 consecutive days, the administrator shall(1) refer the employee for an eligibility evaluation; (2) forward the m…

(a) If an employee is found eligible for an eligibility evaluation for reemployment benefits under AS 23.30.041(c), the rehabilitation specialist whose name appears on the referral letter shall (1) interview the employee and the employer and review all written job descriptions ex…

(a) Not later than 14 days after receiving a rehabilitation specialist's eligibility evaluation report for an employee injured on or after July 1, 1988, the administrator shall rely on the division's record, including any documents submitted by the rehabilitation specialist and p…

(a) No later than 30 days after receipt of the administrator's notice under 8 AAC 45.530 of the employee's eligibility for benefits, the employee must file the completed election form with the administrator and serve a copy upon the employer that provides notice of the employee's…

If the employer objects in accordance with 8 AAC 45.535(c) to the employee's selection of a rehabilitation specialist, the administrator shall notify the employee and employer by mail of the rehabilitation specialist to be assigned. The following actions may be taken in response:…

Notes 8 AAC 45.542 Eff. 7/20/97, Register 143; am 7/9/2011, Register 199; am 3/23/2025, Register 253, April 2025 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly releas…

(a) If an employee is found eligible for development of a reemployment plan, the rehabilitation specialist whose name appears on the referral letter shall (1) interview the employee, and conduct testing if needed, to complete an inventory in accordance with AS 23.30.041(h)(2); (2…

(a) To request liability coverage under AS 23.30.045(c), the rehabilitation specialist shall give the administrator written notice that a written plan will be submitted that requires liability coverage. The submitted plan(1) must include a written request for coverage under AS 23…

(a) An employer may elect to not participate or not continue to participate at any time before the employee completes the plan. The employer shall serve written notice of the employer's election to not participate to the employee, the program coordinator, and the rehabilitation s…

(a) Upon the employee's election, the administrator shall assign a rehabilitation specialist under AS 23.30.043(b) to develop the stay-at-work plan. (b) The rehabilitation specialist shall contact the employer of the injured employee not later than 14 days after receiving the ass…

(a) Not later than 14 days after receipt of the stay-at-work plan, the program coordinator shall (1) approve the plan and notify the parties; (2) deny the plan and notify the parties; or (3) notify the parties that the plan is incomplete and request additional information from th…

After plan approval, the rehabilitation specialist shall (1) verify that the duties the employer assigned to the employee conform with the physical capacities outlined by the employee's attending physician; and (2) identify the employee's and employer's concerns and provide guida…

Notes 8 AAC 45.890 Eff. 3/16/90, Register 113; am 12/13/2009, Register 192; repealed 5/12/2019, Register 230, April 2019 Authority:AS 23.30.005 AS 23.30.395 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most r…

(a) In this chapter (1) "Act" means the Alaska Workers' Compensation Act, as amended, AS 23.30.005-23.30.270; (2) "board" means (A) hearing officer under 8 AAC 45.071 or (B) any single three-member panel, or a quorum thereof, of the Alaska Workers' Compensation Board; (3) "carrie…

(a) An employer may apply for authorization to self-insure the employer's obligations under the Act if the employer has (1) been in business within this state for at least the five years immediately preceding the filing of the present application for self-insurance authorization;…

(a) The board may issue a certificate of self-insurance authorization to a joint venture if the partner with the majority interest in the joint venture is self-insured or qualified to be self-insured in this state and guarantees the workers' compensation obligations of the joint …

(a) An employer shall apply for self-insurance authorization on a form prescribed by the department. The completed application must be (1) filed with the division at least 90 days before the desired effective date of self-insurance; (2) signed before a person authorized to take a…

(a) In determining an employer's financial ability to meet the obligations under the Act, the board will review the employer's audited financial statements and other information submitted in support of the employer's application and will consider the (1) ratio of tangible net wor…

In order to determine a governmental entity's financial ability to meet the obligations under the Act, the board will review the governmental entity's annual financial reports and consider the (1) compensation loss history, outstanding compensation claims liability, and proposed …

(a) Unless granted an exemption by the board under (c) of this section, the posting of a security deposit under this section is required for authorization for an employer to self-insure the employer's obligations under the Act. (b) Unless granted an exemption by the board under (…

(a) Acceptable security deposits only include irrevocable letters of credit from financial institutions authorized to conduct business in this state under AS 06.01.010 - AS 06.40.190. (b) A security deposit under this section will be valued at the security deposit's current marke…

(a) Both specific and aggregate excess insurance with policy limits and retention amounts acceptable to the board must be provided by each self-insurer unless the board waives this requirement. (b) An acceptable excess insurance policy must(1) be written by a casualty insurance c…

(a) No later than 30 days after receiving an application for a self-insurance certificate and all required supporting data, the board will approve or deny the application or advise the applicant of any additional information required by the board. (b) If the board requests additi…

(a) Upon approval of an application, a certificate of self-insurance will be issued. (b) Except as provided in 8 AAC 46.090(c), a certificate expires 12 months after the certificate's effective date. A certificate applies only to the self-insurer and the self-insurer's subsidiari…

(a) The board may revoke a certificate of self-insurance based on (1) failure to comply with the Act or regulations adopted under the Act; (2) failure to comply with any legal order of the board; (3) deterioration of financial condition adversely and materially affecting the self…

(a) A self-insurer shall submit an application for renewal to the board on the department's form number 07-6130. The completed application must be (1) filed at least 60 days before the expiration of the current certificate of self-insurance; (2) signed before a person authorized …

(a) No later than 30 days after the division receives the application for renewal and all supporting data, the board will approve or deny the application or advise the self-insurer of any additional information required by the board. (b) If the board requests additional informati…

A self-insurer that amends the self-insurer's articles, charter, or agreement of incorporation in order to change the self-insurer's identity or business structure or in any other manner alter the status of the self-insurer that existed at the time of issuance of a certificate sh…

Upon 30 days' advance written notice, the division may require a self-insurer to file reports concerning the self-insurer's financial condition, payroll records, accident experience, summary of losses, workers' compensation payments, or outstanding workers' compensation liabiliti…