Section 23.30.110. Procedure on claims.

   (a) Subject to the provisions of AS 23.30.105, a claim for compensation may be filed with the board in accordance with its regulations at any time after the first seven days of disability following an injury, or at any time after death, and the board may hear and determine all questions in respect to the claim.
   (b) Within 10 days after a claim is filed the board, in accordance with its regulations, shall notify the employer and any other person, other than the claimant, whom the board considers an interested party that a claim has been filed.  The notice may be served personally upon the employer or other person, or sent by registered mail.
   (c) Before a hearing is scheduled, the party seeking a hearing shall file a request for a hearing together with an affidavit stating that the party has completed necessary discovery, obtained necessary evidence, and is prepared for the hearing. An opposing party shall have 10 days after the hearing request is filed to file a response. If a party opposes the hearing request, the board or a board designee shall within 30 days of the filing of the opposition conduct a pre-hearing conference and set a hearing date. If opposition is not filed, a hearing shall be scheduled no later than 60 days after the receipt of the hearing request. The board shall give each party at least 10 days' notice of the hearing, either personally or by certified mail. After a hearing has been scheduled, the parties may not stipulate to change the hearing date or to cancel, postpone, or continue the hearing, except for good cause as determined by the board. After completion of the hearing the board shall close the hearing record. If a settlement agreement is reached by the parties less than 14 days before the hearing, the parties shall appear at the time of the scheduled hearing to state the terms of the settlement agreement. Within 30 days after the hearing record closes, the board shall file its decision. If the employer controverts a claim on a board-prescribed controversion notice and the employee does not request a hearing within two years following the filing of the controversion notice, the claim is denied.
   (d) At the hearing the claimant and the employer may each present evidence in respect to the claim and may be represented by any person authorized in writing for that purpose.
   (e) The order rejecting the claim or making the award, referred to in this chapter as a compensation order, shall be filed in the office of the board, and a copy of it shall be sent by registered mail to the claimant and to the employer at the last known address of each.
   (f) An award of compensation for disability may be made after the death of an injured employee.
   (g) An injured employee claiming or entitled to compensation shall submit to the physical examination by a duly qualified physician which the board may require.  The place or places shall be reasonably convenient for the employee.  The physician or physicians as the employee, employer, or carrier may select and pay for may participate in an examination if the employee, employer, or carrier so requests. Proceedings shall be suspended and no compensation may be payable for a period during which the employee refuses to submit to examination.
   (h) The filing of a hearing request under (c) of this section suspends the running of the two-year time period specified in (c) of this section. However, if the employee subsequently requests a continuance of the hearing and the request is approved by the board, the granting of the continuance renders the request for hearing inoperative, and the two-year time period specified in (c) of this section continues to run again from the date of the board's notice to the employee of the board's granting of the continuance and of its effect. If the employee fails to again request a hearing before the conclusion of the two-year time period in (c) of this section, the claim is denied.

Authorities

23.30.041;23.30.095;23.30.125;23.30.127;23.30.130;23.30.170;23.30.280

Notes

Implemented As

8 AAC 45.040
8 AAC 45.050
8 AAC 45.060
8 AAC 45.065
8 AAC 45.070
8 AAC 45.072
8 AAC 45.074
8 AAC 45.090
8 AAC 45.092
8 AAC 45.120
8 AAC 45.130
8 AAC 45.132
8 AAC 45.160
8 AAC 45.170
8 AAC 45.178
8 AAC 45.180

References

8 AAC 45.070
8 AAC 45.082
8 AAC 45.086
8 AAC 45.090
8 AAC 45.092
8 AAC 45.120
8 AAC 45.138
8 AAC 45.160
8 AAC 45.176
8 AAC 45.177
8 AAC 45.182
8 AAC 45.440
8 AAC 46.060
AS 23.30.041 Rehabilitation and reemployment of injured workers.
AS 23.30.095 Medical treatments, services, and examinations.
AS 23.30.125 Administrative review of compensation order.
AS 23.30.127 Appeals to commission.
AS 23.30.130 Modification of awards.
AS 23.30.170 Collection of defaulted payments.
AS 23.30.280 Investigation of fraud; staffing.

History

(Sec. 18 ch 193 SLA 1959; am Sec. 12 ch 93 SLA 1982; am Sec. 20 ch 79 SLA 1988; am Sec. 13 ch 105 SLA 2000)