SB 119: "An Act repealing the Workers' Compensation Appeals Commission; relating to decisions and orders of the Alaska Workers' Compensation Board; relating to superior court jurisdiction over appeals from Alaska Workers' Compensation Board decisions and orders; repealing Rules 201.1, 401.1, and 501.1, Alaska Rules of Appellate Procedure, and amending Rules 202(a), 204(a) - (c), 210(e), 508(g), 601(b), 602, and 603, Alaska Rules of Appellate Procedure; and providing for an effective date."
00 SENATE BILL NO. 119 01 "An Act repealing the Workers' Compensation Appeals Commission; relating to 02 decisions and orders of the Alaska Workers' Compensation Board; relating to superior 03 court jurisdiction over appeals from Alaska Workers' Compensation Board decisions 04 and orders; repealing Rules 201.1, 401.1, and 501.1, Alaska Rules of Appellate 05 Procedure, and amending Rules 202(a), 204(a) - (c), 210(e), 508(g), 601(b), 602, and 603, 06 Alaska Rules of Appellate Procedure; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 23.30.005 is amended by adding a new subsection to read: 09 (n) The board, in its administrative capacity, shall maintain, index, and make 10 available for public inspection the decisions and orders of the board and the former 11 Workers' Compensation Appeals Commission. Decisions and orders of the former 12 Workers' Compensation Appeals Commission are final and conclusive unless 13 appealed to the Alaska Supreme Court and shall stand instead of the order of the board
01 from which review was taken. Unless reversed by the Alaska Supreme Court, 02 decisions of the former Workers' Compensation Appeals Commission have the force 03 of legal precedent. 04 * Sec. 2. AS 23.30.107(b) is amended to read: 05 (b) Medical or rehabilitation records, and the employee's name, address, social 06 security number, electronic mail address, and telephone number contained on any 07 record, in an employee's file maintained by the division or held by the board [OR THE 08 COMMISSION] are not public records subject to public inspection and copying under 09 AS 40.25.100 - 40.25.295. This subsection does not prohibit 10 (1) the reemployment benefits administrator, the division, the board, 11 [THE COMMISSION,] or the department from releasing medical or rehabilitation 12 records in an employee's file, without the employee's consent, to a physician providing 13 medical services under AS 23.30.095(k) or 23.30.110(g), a party to a claim filed by 14 the employee, or a governmental agency; or 15 (2) the quoting or discussing of medical or rehabilitation records 16 contained in an employee's file during a hearing on a claim for compensation or in a 17 decision or order of the board [OR COMMISSION]. 18 * Sec. 3. AS 23.30.108(d) is amended to read: 19 (d) If the employee files a petition seeking a protective order to recover 20 medical and rehabilitation information that has been provided but is not related to the 21 employee's injury, and the board or the board's designee grants the protective order, 22 the board or the board's designee granting the protective order shall direct the division, 23 the board, [THE COMMISSION,] and the parties to return to the employee, as soon as 24 practicable following the issuance of the protective order, all medical and 25 rehabilitation information, including copies, in their possession that is unrelated to the 26 employee's injury under the protective order. 27 * Sec. 4. AS 23.30.108(e) is amended to read: 28 (e) If the board or the board's designee limits the medical or rehabilitation 29 information that may be used by the parties to a claim, either by an order on the record 30 or by issuing a written order, the division, the board, [THE COMMISSION,] and a 31 party to the claim may request and an employee shall provide or authorize the
01 production of medical or rehabilitation information only to the extent of the limitations 02 of the order. If information has been produced that is outside of the limits designated 03 in the order, the board or the board's designee shall direct the party in possession of 04 the information to return the information to the employee as soon as practicable 05 following the issuance of the order. 06 * Sec. 5. AS 23.30 is amended by adding a new section to read: 07 Sec. 23.30.126. Review of board order. (a) A decision or order of the board is 08 final and becomes effective when filed in the office of the board under AS 23.30.110. 09 Before the 31st day after the decision or order is filed, a party may file a 10 (1) petition for reconsideration with the board under AS 44.62.540; 11 (2) notice of appeal with the superior court under AS 44.62.560; or 12 (3) petition for modification under AS 23.30.130. 13 (b) A decision or order is not stayed pending the outcome on appeal unless the 14 court so orders. 15 (c) The board's findings on the credibility of a witness and the weight to be 16 given the testimony of a witness are binding on a reviewing court under AS 23.30.122. 17 A finding of fact made by the board as a part of a decision or order shall be conclusive 18 for a reviewing court if supported by substantial evidence in light of the whole record. 19 To the extent that it does not conflict with the provisions of this section, AS 44.62.570 20 applies to an appeal of a decision or order issued under this chapter. 21 (d) The director may intervene in an appeal under AS 44.62.560. If a party is 22 not represented by counsel and a compensation order concerns an unsettled question 23 of law, the director may file an appeal to obtain a judicial ruling. 24 (e) A court shall award a successful party to an appeal reasonable costs and, if 25 the party is represented by an attorney, attorney fees that the court determines to be 26 fully compensatory and reasonable. A court may not make an award of costs and 27 attorney fees against an injured worker unless the court finds that the worker's position 28 on appeal was frivolous or unreasonable or the appeal was sought in bad faith. 29 * Sec. 6. AS 23.30.155(f) is amended to read: 30 (f) If compensation payable under the terms of an award is not paid within 14 31 days after it becomes due, there shall be added to that unpaid compensation an amount
01 equal to 25 percent of the unpaid installment. The additional amount shall be paid at 02 the same time as, but in addition to, the compensation, unless review of the 03 compensation order making the award as provided under AS 23.30.126 04 [AS 23.30.008] and an interlocutory injunction staying payments is allowed by the 05 court. The additional amount shall be paid directly to the recipient to whom the unpaid 06 compensation was to be paid. 07 * Sec. 7. AS 39.50.200(b)(31) is amended to read: 08 (31) Workers' Compensation Board (AS 23.30.005) [AND WORKERS' 09 COMPENSATION APPEALS COMMISSION (AS 23.30.007)]; 10 * Sec. 8. Rules 201.1, 401.1, and 501.1, Alaska Rules of Appellate Procedure, are repealed. 11 * Sec. 9. AS 23.30.007, 23.30.008, 23.30.009, 23.30.125, 23.30.127, 23.30.128, 23.30.129, 12 23.30.395(10); AS 39.25.110(40); AS 44.64.020(a)(12), and 44.64.020(a)(13) are repealed. 13 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 INDIRECT COURT RULE AMENDMENTS. The provisions of AS 23.30.126, added 16 by sec. 5 of this Act, and the repeal of AS 23.30.007, 23.30.008, 23.30.125, 23.30.127, 17 23.30.128, and 23.30.129 in sec. 9 of this Act have the effect of changing Rules 202(a), 18 204(a) - (c), 210(e), 508(g), 601(b), 602, and 603, Alaska Rules of Appellate Procedure, by 19 repealing the Alaska Workers' Compensation Commission and providing that appeals from 20 the Alaska Workers' Compensation Board be brought in the superior court. 21 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 TWO-THIRDS VOTE NOT REQUIRED. Because Rules 201.1, 202(a), 204(a) - (c), 24 210(e), 401.1, 501.1, 508(g), 601(b), 602, and 603, Alaska Rules of Appellate Procedure, 25 were adopted under the Alaska Supreme Court's interpretive authority exercised under art. IV, 26 sec. 1, Constitution of the State of Alaska, secs. 5, 8, and 9 of this Act take effect for purposes 27 of Rules 201.1, 202(a), 204(a) - (c), 210(e), 401.1, 501.1, 508(g), 601(b), 602, and 603, 28 Alaska Rules of Appellate Procedure, without needing to meet the two-thirds vote 29 requirement normally applicable to changing court rules under art. IV, sec. 15, Constitution of 30 the State of Alaska. 31 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 APPLICABILITY. Before December 2, 2016, AS 23.30.007 - 23.30.009, 03 23.30.107(b), 23.30.108(d) and (e), 23.30.125, 23.30.127, 23.30.128, 23.30.129, 23.30.155(f), 04 23.30.395(10), AS 39.25.110(40), AS 39.50.200(b)(31), and AS 44.64.020(a)(12) and (13), as 05 they existed on the day before the effective date of this Act, continue to apply to appeals, 06 petitions for review, and other proceedings pending before the Workers' Compensation 07 Appeals Commission. Appeals, petitions for review, and other proceedings under this section 08 shall be continued in the Workers' Compensation Appeals Commission until December 1, 09 2016. AS 23.30.126, added by sec. 5 of this Act, and AS 23.30.155(f), as amended by sec. 6 10 of this Act, do not apply to appeals, petitions for review, or other proceedings under this 11 section. AS 23.30.129, as it read on the day before the effective date of this Act, applies to 12 appeals to the Alaska Supreme Court from final decisions of the Workers' Compensation 13 Appeals Commission issued on or before December 1, 2016. 14 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 TRANSITIONAL PROVISIONS. (a) Appeals, petitions for review, and other 17 proceedings pending before the Workers' Compensation Appeals Commission before June 1, 18 2016, and not completed in the Workers' Compensation Appeals Commission before 19 December 2, 2016, shall automatically be transferred to the superior court and placed within 20 the jurisdiction of the superior court on December 2, 2016, under AS 22.10.020 and Rule 609, 21 Alaska Rules of Appellate Procedure. 22 (b) Appeals, petitions for review, and other proceedings that seek review of Alaska 23 Workers' Compensation Board decisions and that have not been filed and are not pending 24 before the Workers' Compensation Appeals Commission on or before May 31, 2016, must be 25 filed in the superior court on or before June 1, 2016. 26 (c) Before June 1, 2016, a party may file for review by the Workers' Compensation 27 Appeals Commission under AS 23.30.125, 23.30.127, and 23.30.128, as those sections read 28 on the day before the effective date of this Act. On or after June 1, 2016, a party may file for 29 review in the superior court under AS 23.30.126, added by sec. 5 of this Act. 30 (d) Before November 1, 2016, a party or the director may request reconsideration of a 31 Workers' Compensation Appeals Commission decision under AS 23.30.128(f), as that
01 subsection read on the day before the effective date of this Act. On or after November 1, 02 2016, a party seeking review of a Workers' Compensation Appeals Commission decision may 03 only file an appeal with the supreme court under AS 23.30.129, as that section read on the day 04 before the effective date of this Act. 05 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 TRANSITION: TERMS OF COMMISSIONERS. Notwithstanding AS 23.30.007(p), 08 the terms of individuals appointed to the Workers' Compensation Appeals Commission expire 09 February 2, 2017. 10 * Sec. 15. This Act takes effect June 1, 2016.