Section 23.30.012. Agreements in regard to claims.

   (a) At any time after death, or after 30 days subsequent to the date of the injury, the employer and the employee or the beneficiary or beneficiaries, as the case may be, have the right to reach an agreement in regard to a claim for injury or death under this chapter, but a memorandum of the agreement in a form prescribed by the director shall be filed with the division. Otherwise, the agreement is void for any purpose. Except as provided in (b) of this section, an agreement filed with the division discharges the liability of the employer for the compensation, notwithstanding the provisions of AS 23.30.130, 23.30.160, and 23.30.245, and is enforceable as a compensation order.
   (b) The agreement shall be reviewed by a panel of the board if the claimant or beneficiary is not represented by an attorney licensed to practice in this state, the beneficiary is a minor or incompetent, or the claimant is waiving future medical benefits. If approved by the board, the agreement is enforceable the same as an order or award of the board and discharges the liability of the employer for the compensation notwithstanding the provisions of AS 23.30.130, 23.30.160, and 23.30.245. The agreement shall be approved by the board only when the terms conform to the provisions of this chapter, and, if it involves or is likely to involve permanent disability, the board may require an impartial medical examination and a hearing in order to determine whether or not to approve the agreement. A lump-sum settlement may be approved when it appears to be to the best interest of the employee or beneficiary or beneficiaries.

Authorities

23.05.067;23.30.041

Notes

Implemented As

8 AAC 45.050
8 AAC 45.160

References

8 AAC 45.050
8 AAC 45.070
8 AAC 45.160
8 AAC 45.900
AS 23.05.067 Service fees for administration of workers' safety and compensation programs.
AS 23.30.041 Rehabilitation and reemployment of injured workers.

History

(Sec. 7(8) ch 193 SLA 1959; am Sec. 5 ch 42 SLA 1962; am Sec. 2 ch 99 SLA 1966; am Sec. 10 ch 10 FSSLA 2005)