Alaska Administrative Code

In this chapter (1) "Act" means the Alaska Workers' Compensation Act, as amended, AS 23.30.005-23.30.400; (2) "audited comprehensive annual financial reports" means, at a minimum, general purpose financial statements including all notes, combined statements by fund type, the indi…

(a) To be eligible for benefits from the fund, a person must be a fisherman who, at the time an injury is sustained, is licensed in the person's own name by the state to engage in commercial fishing under AS 16.05.480 or AS 16.43, and who is actually so engaged in Alaska water or…

(a) If a fisherman suffers a compensable injury, the fisherman may request compensation for treatment that continues beyond one year from the date of initial allowance for compelling reasons. A request for an extension of duration of care must (1) be submitted as a petition to th…

(a) A claim against the fund is commenced by filing an application with the department on a Fishermen's Report of Injury/Illness & Claim (Form 07-6125). (b) A separate claim must be filed for each separate and independent injury for which benefits are claimed. (c) No later than 4…

(a) To request an extension of duration of care, additional benefits, assistance after discharge from a hospital, or additional transportation allowances, a fisherman must submit a petition to the department, for a determination from the council. If the petition is for (1) an ext…

(a) The administrator shall send to the council for review a claim for benefits that the administrator has denied under 8 AAC 55.020(c). (b) If the administrator has denied a fisherman's claim under 8 AAC 55.020(c), the administrator shall send a written notification of the time …

(a) If the department pays benefits from the fund, the department, to the extent of the value of the benefits, is subrogated to the rights of the fisherman for a claim against a third party arising from an injury, disability, occupational disease, or cardiovascular disease covere…

Notes 8 AAC 55.040 Eff. 3/28/74, Register 49; repealed 7/13/2012, Register 203 State regulations are updated quarterly; we currently have two versions available.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 b…

(a) This section applies to medical transportation and lodging expenses paid by the injured commercial fisherman who is receiving or has received medical treatment. All reimbursement requests must be substantiated by payment receipts, (b) Transportation expenses include (1) reimb…

In this chapter unless the context requires otherwise (1) "administrator" means the individual responsible for administration of claims against the fund; (2) "commissioner" means the commissioner of labor and workforce development; (3) "council" means the Fishermen's Fund Advisor…

The provisions of this chapter apply to appeals of final decisions and orders of the board to the commission and petitions for review of interlocutory and other non-final decisions and orders of the board to the commission, as provided in AS 23.30.125 - 23.30.128. Notes 8 AAC 57.…

(a) All individuals or entities that were parties in proceedings that resulted in issuance of a final decision or order of the board are parties to an appeal of that decision or order to the commission. (b) The party filing an appeal is the appellant. (c) If the director files an…

(a) The director may (1) intervene in an appeal or petition for review; or (2) file an appeal or petition for review to request a ruling if a party in interest to a compensation order is not represented by an attorney and the compensation order concerns an unsettled question of l…

(a) Filing is the procedure whereby a party submits a document to the commission for the commission's consideration in an appeal or petition for review. Each document a party files with the commission must be(1) signed and dated by the party or the party's attorney filing the doc…

(a) A party may file a document with the commission by electronic mail or facsimile transmission. (b) A document filed by electronic mail must be attached in portable document format (.pdf) to the electronic mail message. A party filing a document by electronic mail shall include…

When a document is served by a party on another party by United States mail, three calendar days will be added to the prescribed number of days to respond or act, unless a commission order specifies a particular calendar date by which an act must occur. Notes 8 AAC 57.055 Eff. 2/…

(a) The commission will use electronic mail to distribute notices, orders, and decisions issued by the commission to the parties. If a self-represented party does not have an electronic mail address, the commission will send notices, orders, and decisions issued by the commission…

(a) In computing a time period specified in AS 23.30.125 - 23.30.128, in this chapter, or in an order of the chair or commission, (1) the day of the act, event, or default from which the designated time period begins to run is excluded; and (2) the last day of the period is inclu…

(a) In an appeal or petition for review, (1) a corporation or limited liability corporation must be represented by an attorney admitted to practice law in the state or permitted to appear under the Alaska Rules of Court; (2) a partnership, a non-profit corporation, an unincorpora…

(a) If a party is self-represented in an appeal or petition for review, all references in this chapter to a party's attorney are construed as referring to the self-represented party personally. Any document filed by a self-represented party must include a mailing address, electro…

(a) To begin an appeal, an appellant shall file a notice of appeal not later than 30 days after the date the board's decision and order is filed or, if a timely petition for reconsideration was filed with the board, not later than 30 days after the date the board's decision and o…

Notes 8 AAC 57.072 Eff. 12/5/2005, Register 176; repealed 3/27/2011, Register 197 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 wil…

(a) A party may petition or cross-petition the commission, as provided in 8 AAC 57.075, for review of an interlocutory or other non-final board decision or order that is not otherwise appealable under this chapter. (b) All individuals or entities that were parties in proceedings …

Notes 8 AAC 57.074 Eff. 12/5/2005, Register 176; am 4/21/2006, Register 178; repealed 3/27/2011, Register 197 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. …

(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 decis…

Notes 8 AAC 57.076 Eff. 12/5/2005, Register 176; repealed 3/27/2011, Register 197 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 wil…

(a) The commission will consider and decide whether to grant or deny a petition for review or cross-petition for review under this section not later than 30 days after the response to the petition for review or cross-petition for review is filed or the due date to file the respon…

In a decision on a granted petition for review or cross-petition for review, the commission will include a statement that if a party seeks review by the supreme court, a petition for review to the supreme court must be filed not later than 10 days after the date shown in the comm…

(a) On the filing of a notice of appeal or petition for review, the chair will issue a written notice to the parties identifying the members of the panel assigned to hear the appeal or petition for review. (b) Unless the commission is hearing a request for reconsideration as prov…

(a) At the same time the notice of appeal is filed, the appellant may request an exemption from payment of the filing fee or transcript costs by filing a motion and the commission's Financial Statement Affidavit, revised as of May 2023 and adopted by reference. (b) Not later than…

(a) In connection with the filing of an appeal or petition for review, an appellant or petitioner may file and serve a motion for a stay of a board order. The motion must state whether new or additional evidence will be presented at the hearing on the motion as provided in AS 23.…

(a) The record on appeal consists of (1) board hearing recordings not previously transcribed; and (2) the entire board file, including all papers, exhibits, depositions, electronic records, electronic mail messages, records of walk-in and telephonic communications with claimants …

(a) Not later than 10 days after receipt of the board hearing recordings and the list of board hearing recordings previously transcribed, as provided in 8 AAC 57.110(b), the clerk shall issue a written notice to the parties that identifies which board hearing recordings have been…

(a) On receipt of both the record on appeal, as provided in 8 AAC 57.110, and the transcripts, as provided in 8 AAC 57.120(h), the chair will issue a written notice to the parties of the briefing schedule. (b) An appellant's brief must be filed not later than 30 days after the da…

(a) When, in this chapter, an action is required or allowed to be done within a specified time period, each party may request one routine extension of time in an appeal or petition for review by filing a motion before the expiration of that time period. (b) Oppositions to motions…

The parties may request that appeal or petition for review proceedings be stayed pending mediation, settlement negotiations, or board approval of a settlement between the parties by filing a stipulation signed by the parties that states the reasons the proceedings should be staye…

(a) Briefs and memoranda must(1) be in clear and legible black typeface or hand printing in black ink; (2) be in 12- or 13-point font size; (3) be double-spaced; (4) be on white paper eight and one-half inches wide and 11 inches long; (5) have one-inch margins all around; (6) hav…

(a) A non-party may request permission to file an amicus brief by filing a motion. (b) On a motion under (a) of this section, the non-party shall identify its interest in the appeal and state the reasons why an amicus brief is desirable. (c) Not later than 10 days after the date …

Each party shall prepare an excerpt of record or supplemental excerpt of record, as provided in 8 AAC 57.180, for simultaneous filing with the party's brief, as provided in 8 AAC 57.130(g)(2). Notes 8 AAC 57.170 Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/202…

(a) The excerpt of record from an appellant or an appellant who is also a cross-appellee must include the following:(1) the claim, accusation, answer, or petition setting out the issues to be decided; (2) other decisions or orders of the board for which review is sought; (3) if t…

(a) The introduction of new or additional evidence is not permitted in an appeal, except as provided in AS 23.30.128(a) and (c). (b) If new or additional evidence is permitted, the commission is not bound by common law or statutory rules of evidence, except that rules of privileg…

(a) Unless otherwise ordered by the commission, oral argument will be held only as provided in this section. (b) Not later than 10 days after the date on which the reply brief is filed or due to be filed, or not later than 10 days after notice that a reply brief will not be filed…

(a) One or more parties may request or apply for specific action by the chair or commission relating to an appeal or petition for review by filing (1) a motion; (2) an unopposed or joint motion; or (3) a stipulation signed by the parties. (b) Unless in this chapter a different ti…

The commission will issue a final decision, as provided in AS 23.30.128. In a final decision, the commission will include a statement that, if a party seeks review by the supreme court, a notice of appeal to the supreme court must be filed no later than 30 days after the date sho…

(a) A party may request reconsideration of a final commission decision or order by filing a motion, supported by an affidavit or other evidence of the specific grounds for reconsideration, as provided in AS 23.30.128(f), not later than 30 days from the commission's distribution o…

(a) The commission clerk may not permit an original record of the commission, on paper or electronic media, to be removed from the commission's office, except as required by order of the chair or this chapter. The clerk shall maintain the record on appeal transferred from the boa…

(a) On the filing of an unopposed or joint motion, or on a stipulation signed by the parties, the chair may issue an order dismissing an appeal upon settlement. The unopposed or joint motion, or stipulation must(1) state the parties' agreement that the appeal be dismissed; (2) st…