SB 156: "An Act relating to workers' compensation benefits for the rehabilitation and reemployment of injured employees."
00 SENATE BILL NO. 156 01 "An Act relating to workers' compensation benefits for the rehabilitation and 02 reemployment of injured employees." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 23.30.005(h) is amended to read: 05 (h) The department shall adopt rules for all panels, and procedures for the 06 periodic selection, retention, and removal of both rehabilitation specialists and 07 physicians under AS 23.30.041 and 23.30.095, and shall adopt regulations to carry out 08 the provisions of this chapter. The department shall adopt regulations to set fees 09 and establish qualifications for rehabilitation specialists who provide services 10 under AS 23.30.041. The department may by regulation provide for procedural, 11 discovery, or stipulated matters to be heard and decided by the commissioner or a 12 hearing officer designated to represent the commissioner rather than a panel. If a 13 procedural, discovery, or stipulated matter is heard and decided by the commissioner 14 or a hearing officer designated to represent the commissioner, the action taken is
01 considered the action of the full board on that aspect of the claim. Process and 02 procedure under this chapter shall be as summary and simple as possible. The 03 department, the board or a member of it may for the purposes of this chapter subpoena 04 witnesses, administer or cause to be administered oaths, and may examine or cause to 05 have examined the parts of the books and records of the parties to a proceeding that 06 relate to questions in dispute. The superior court, on application of the department, the 07 board or any members of it, shall enforce the attendance and testimony of witnesses 08 and the production and examination of books, papers, and records. 09 * Sec. 2. AS 23.30.012(a) is amended to read: 10 (a) At any time after death, or after 30 days subsequent to the date of the 11 injury, the employer and the employee or the beneficiary or beneficiaries, as the case 12 may be, have the right to reach an agreement in regard to a claim for injury or death 13 under this chapter, except as otherwise provided in AS 23.30.041. A [BUT A] 14 memorandum of the agreement in a form prescribed by the director shall be filed with 15 the division. Otherwise, the agreement is void for any purpose. Except as provided in 16 (b) of this section, an agreement filed with the division discharges the liability of the 17 employer for the compensation, notwithstanding the provisions of AS 23.30.130, 18 23.30.160, and 23.30.245, and is enforceable as a compensation order. 19 * Sec. 3. AS 23.30.041(b) is amended to read: 20 (b) The administrator [SHALL] 21 (1) shall enforce regulations that [ADOPTED BY THE BOARD TO] 22 implement this section; 23 (2) shall recommend regulations for adoption by the department 24 [BOARD] that establish qualifications, fees, and performance and reporting criteria 25 for rehabilitation specialists; 26 (3) shall enforce the quality and effectiveness of reemployment 27 benefits provided for under this section; 28 (4) shall review on an annual basis the performance of rehabilitation 29 specialists to determine continued eligibility for delivery of rehabilitation services; 30 (5) shall submit to the department, on or before October 1 [MAY 1] 31 of each year, a report of reemployment benefits provided under this section for the
01 previous calendar year; the report must include a general section, a section 02 [SECTIONS] related to [EACH] rehabilitation specialists [SPECIALIST 03 EMPLOYED UNDER THIS SECTION], and a statistical summary of all 04 rehabilitation cases and [, INCLUDING 05 (A) THE ESTIMATED AND ACTUAL COST OF EACH 06 ACTIVE REHABILITATION PLAN; 07 (B) THE ESTIMATED AND ACTUAL TIME OF EACH 08 REHABILITATION PLAN; 09 (C) A STATUS REPORT ON ALL INDIVIDUALS 10 REQUESTING, WAIVING, BEGINNING, COMPLETING, OR 11 TERMINATING A REEMPLOYMENT BENEFITS PROGRAM 12 INCLUDING 13 (i) REASONS FOR DENIAL, WAIVER, 14 SUSPENSION, OR TERMINATION; 15 (ii) DATES OF COMPLETION AND RETURN TO 16 WORK; AND 17 (iii) OTHER INFORMATION REQUIRED BY THE 18 DIRECTOR; 19 (D)] the cost of reemployment benefits [; 20 (E) STATUS REPORTS OF ALL INDIVIDUALS WHO 21 SUCCESSFULLY COMPLETED A REEMPLOYMENT PLAN THAT 22 INCLUDES 23 (i) THE PLAN'S OCCUPATIONAL GOAL AND 24 WHETHER THE INDIVIDUAL OBTAINED WORK AFTER 25 COMPLETION IN THE PLANNED OR ANOTHER OCCUPATION; 26 AND 27 (ii) THE INDIVIDUAL'S EMPLOYMENT STATUS 28 SIX MONTHS, ONE YEAR, AND TWO YEARS AFTER 29 REEMPLOYMENT PLAN COMPLETION]; 30 (6) shall maintain a list of rehabilitation specialists who meet the 31 qualifications established under this section and under regulations adopted by the
01 department; 02 (7) shall promote awareness among physicians, adjusters, injured 03 workers, employers, employees, attorneys, training providers, and rehabilitation 04 specialists of the reemployment program established in this section; 05 (8) may develop and provide employers with information and 06 consultation services on methods to return injured employees to work quickly; 07 and 08 (9) may hold a conference with an employee, an employer, and a 09 rehabilitation specialist to discuss the employee's reemployment benefits, at the 10 request of the employee, employer, or rehabilitation specialist, or on the 11 administrator's own initiative [SUBSECTION]. 12 * Sec. 4. AS 23.30.041(c) is amended to read: 13 (c) An employee and an employer may stipulate to the employee's eligibility 14 for reemployment benefits at any time. If an employee suffers a compensable injury 15 and, as a result of the injury, the employee is totally unable, for 90 [45] consecutive 16 days, to return to the employee's employment at the time of injury, the employer shall 17 notify the administrator in a format prescribed by the director on or before the 18 100th day. Not later than 10 days after the 100th day, the administrator shall notify 19 the employee of the employee's rights and obligations under this section, including 20 notification that the employee shall attend an informational meeting regarding 21 the employee's rights and obligations under this section. An [WITHIN 14 DAYS 22 AFTER THE 45TH DAY. IF THE EMPLOYEE IS TOTALLY UNABLE TO 23 RETURN TO THE EMPLOYEE'S EMPLOYMENT FOR 60 CONSECUTIVE 24 DAYS AS A RESULT OF THE INJURY, THE] employee [OR EMPLOYER] may 25 request an eligibility evaluation for reemployment benefits not later than 90 days 26 after the payment of temporary disability compensation ends or the employee is 27 notified in a format prescribed by the director that the employee may request an 28 eligibility evaluation, whichever is later. The administrator may approve the request 29 if the employee's injury may permanently preclude the employee's return to the 30 employee's occupation at the time of the injury. [IF THE EMPLOYEE IS TOTALLY 31 UNABLE TO RETURN TO THE EMPLOYEE'S EMPLOYMENT AT THE TIME
01 OF THE INJURY FOR 90 CONSECUTIVE DAYS AS A RESULT OF THE 02 INJURY, THE ADMINISTRATOR SHALL, WITHOUT A REQUEST, ORDER AN 03 ELIGIBILITY EVALUATION UNLESS A STIPULATION OF ELIGIBILITY WAS 04 SUBMITTED.] If the administrator approves the [A] request [OR ORDERS AN 05 EVALUATION], the administrator shall [, ON A ROTATING AND GEOGRAPHIC 06 BASIS,] select a rehabilitation specialist from the list maintained under (b)(6) of this 07 section to perform the eligibility evaluation. If the person that employs a rehabilitation 08 specialist selected by the administrator to perform an eligibility evaluation under this 09 subsection is performing any other work on the same workers' compensation claim 10 involving the injured employee, the administrator shall select a different rehabilitation 11 specialist. 12 * Sec. 5. AS 23.30.041(d) is amended to read: 13 (d) Not later than 60 [WITHIN 30] days after the referral by the 14 administrator, the rehabilitation specialist shall perform the eligibility evaluation and 15 issue a report of findings. Not later than [THE ADMINISTRATOR MAY GRANT 16 UP TO AN ADDITIONAL 30 DAYS FOR PERFORMANCE OF THE 17 ELIGIBILITY EVALUATION UPON NOTIFICATION OF UNUSUAL AND 18 EXTENUATING CIRCUMSTANCES AND THE REHABILITATION 19 SPECIALIST'S REQUEST. WITHIN] 14 days after receipt of the report from the 20 rehabilitation specialist, the administrator shall decide whether the employee is 21 eligible for reemployment benefits and notify the parties [OF THE EMPLOYEE'S 22 ELIGIBILITY FOR REEMPLOYMENT PREPARATION BENEFITS]. A party 23 may seek reconsideration or board review of the administrator's decision under 24 (v) of this section, or modification of the administrator's decision under 25 AS 23.30.130 [WITHIN 10 DAYS AFTER THE DECISION, EITHER PARTY MAY 26 SEEK REVIEW OF THE DECISION BY REQUESTING A HEARING UNDER 27 AS 23.30.110. THE HEARING SHALL BE HELD WITHIN 30 DAYS AFTER IT IS 28 REQUESTED. THE BOARD SHALL UPHOLD THE DECISION OF THE 29 ADMINISTRATOR EXCEPT FOR ABUSE OF DISCRETION ON THE 30 ADMINISTRATOR'S PART]. 31 * Sec. 6. AS 23.30.041(e) is amended to read:
01 (e) An employee shall be eligible for benefits under this section upon the 02 employee's written request and by having a physician predict that the employee will 03 have permanent physical capacities that are less than the physical demands of the 04 employee's job as described in the 1993 edition of the United States Department of 05 Labor's "Selected Characteristics of Occupations Defined in the Revised Dictionary of 06 Occupational Titles" for 07 (1) the employee's job at the time of injury; or 08 (2) other jobs that exist in the labor market 09 (A) that the employee has held or received training for within 10 10 years before the injury; or 11 (B) that offer wages that ensure remunerative 12 employability for the employee and that the employee has held following the 13 injury for a period long enough to obtain the skills to compete in the labor 14 market, according to specific vocational preparation codes as described in the 15 1993 edition of the United States Department of Labor's "Selected 16 Characteristics of Occupations Defined in the Revised Dictionary of 17 Occupational Titles." 18 * Sec. 7. AS 23.30.041(f) is repealed and reenacted to read: 19 (f) An employee is not eligible for reemployment benefits if 20 (1) the employer offers employment within the employee's predicted 21 post-injury physical capacities at a wage equivalent to at least the state minimum wage 22 under AS 23.10.065 or 75 percent of the worker's gross hourly wages at the time of 23 injury, whichever is greater, and the employment prepares the employee to be 24 employable in other jobs that exist in the labor market; 25 (2) at the time of medical stability, no permanent impairment is 26 identified or expected; or 27 (3) the employee returned to work in the same or similar occupation in 28 terms of physical demands required of the employee at the time of a previous injury 29 after 30 (A) receiving a job dislocation benefit in the former workers' 31 compensation claim, or
01 (B) completing a reemployment plan in the former workers' 02 compensation claim. 03 * Sec. 8. AS 23.30.041(g) is repealed and reenacted to read: 04 (g) After an employee receives the administrator's determination of eligibility 05 for reemployment benefits or the employee and employer stipulate that the employee 06 is eligible for benefits, the employee may take a job dislocation benefit under (s) of 07 this section or may proceed with the reemployment process by selecting a 08 rehabilitation specialist to develop a reemployment plan. The employee shall notify 09 the employer of the employee's selection of a rehabilitation specialist not later than 30 10 days after the determination of eligibility or stipulation. An employee's failure to give 11 the notice of selection constitutes noncooperation under (n) of this section. If the 12 employer disagrees with the employee's selection of the rehabilitation specialist and 13 the disagreement cannot be resolved, the administrator shall assign a rehabilitation 14 specialist. The administrator also may assign a new rehabilitation specialist if no 15 progress report or plan is timely provided under (h) of this section. If the administrator 16 selects a rehabilitation specialist, the employer and employee each have one right of 17 refusal of a rehabilitation specialist. 18 * Sec. 9. AS 23.30.041(h) is amended to read: 19 (h) Not later than 60 [WITHIN 90] days after the rehabilitation specialist's 20 selection under (g) of this section, the rehabilitation specialist shall provide a 21 progress report regarding the development of a [THE] reemployment plan to the 22 employee, employer, and administrator [MUST BE FORMULATED AND 23 APPROVED]. Not later than 90 days after the rehabilitation specialist's selection 24 under (g) of this section, the rehabilitation specialist shall send a reemployment 25 plan to the employer and employee for approval, and a copy of the plan to the 26 administrator. The reemployment plan must ensure remunerative employability, 27 must require continuous participation by the employee, and must maximize the usage 28 of the employee's transferrable skills. If the rehabilitation specialist cannot develop 29 a plan that ensures remunerative employability and that will be completed within 30 the time and cost limitations of (k) and (l) of this section, the employee may 31 choose to waive remunerative employability in the plan. The reemployment plan
01 must include at least the following: 02 (1) a determination of the occupational goal in the labor market; 03 (2) an inventory of the employee's technical skills, transferrable skills, 04 physical and intellectual capacities, academic achievement, emotional condition, and 05 family support; 06 (3) a plan to acquire the occupational skills to be employable [;] 07 through 08 (A) on-the-job training; 09 (B) vocational training; 10 (C) academic training; 11 (D) self-employment; or 12 (E) a combination of (A) - (D) of this paragraph; 13 (4) the cost estimate of the reemployment plan, including provider 14 fees; and the cost of tuition, books, tools, and supplies, transportation, temporary 15 lodging, or job modification devices; 16 (5) the estimated length of time that the plan will take; 17 (6) the date that the plan will commence; 18 [(7) THE ESTIMATED TIME OF MEDICAL STABILITY AS 19 PREDICTED BY A TREATING PHYSICIAN OR BY A PHYSICIAN WHO HAS 20 EXAMINED THE EMPLOYEE AT THE REQUEST OF THE EMPLOYER OR 21 THE BOARD, OR BY REFERRAL OF THE TREATING PHYSICIAN;] 22 (7) [(8)] a detailed description and plan schedule; 23 (8) [(9)] a finding by the rehabilitation specialist that the inventory 24 under (2) of this subsection indicates that the employee can be reasonably expected to 25 satisfactorily complete the plan and perform in a new occupation within the time and 26 cost limitations of the plan; 27 (9) if applicable, a finding by the rehabilitation specialist that a 28 plan may not be developed that will be completed within the time and cost 29 limitations of (k) and (l) of this section while ensuring remunerative 30 employability, and a statement to be signed by the employee indicating the 31 employee's agreement to waive remunerative employability; and
01 (10) a provision requiring that, after a person has been assigned to 02 perform medical management services for an injured employee, the person shall send 03 written notice to the employee, the employer, and the employee's physician explaining 04 in what capacity the person is employed, whom the person represents, and the scope of 05 the services to be provided. 06 * Sec. 10. AS 23.30.041(j) is repealed and reenacted to read: 07 (j) Not later than 30 days after the rehabilitation specialist completes and 08 sends out a reemployment plan under (h) of this section, the employee and employer 09 may approve the plan by signing the plan and returning the plan to the rehabilitation 10 specialist, or either party may deny the plan by providing a specific reason in a request 11 to the administrator for review of the plan. If one party approves the plan and no other 12 party seeks review of the plan by the deadline, the plan is deemed approved. If the 13 administrator reviews a plan, the administrator may hold a conference, at the request 14 of a party or on the administrator's own initiative, with the parties and the 15 rehabilitation specialist to ask for additional information or discuss reaching an 16 agreement on the plan. If the parties do not agree or no conference is held, the 17 administrator shall make a decision approving, denying, or changing the plan not later 18 than 14 days after the request for review or conference, whichever is later. A party 19 may seek reconsideration or board review of an administrator's decision approving, 20 denying, or changing a plan under (v) of this section or modification of an approved 21 plan under (u) of this section. 22 * Sec. 11. AS 23.30.041(k) is amended to read: 23 (k) Benefits related to the reemployment process start on the date an 24 employee requests an eligibility evaluation or an employer and employee 25 stipulate to the employee's eligibility without an evaluation request. Before the 26 date of plan approval, stipend compensation under (2) of this subsection may not 27 extend past one year after permanent partial impairment benefits are exhausted 28 under (1) of this subsection. On or after the date of plan approval, benefits 29 [BENEFITS] related to the reemployment plan, including stipend compensation, 30 may not extend past two years from the date of plan approval [OR ACCEPTANCE, 31 WHICHEVER DATE OCCURS FIRST], at which time the benefits expire. The
01 benefits under this subsection are paid as follows: 02 (1) if [. IF] an employee reaches medical stability before completion or 03 termination of the process [PLAN], temporary total disability benefits shall cease, 04 and the employer shall pay permanent partial impairment benefits [SHALL THEN 05 BE PAID] at the employee's temporary total disability rate; 06 (2) if [. IF] the employee's permanent partial impairment benefits are 07 exhausted before the completion or termination of the reemployment process, the 08 employer shall provide stipend compensation equal to 70 percent of the employee's 09 spendable weekly wages, but not to exceed 105 percent of the average weekly wage, 10 until the completion or termination of the process, except that any compensation paid 11 under this paragraph [SUBSECTION] is reduced by wages earned by the employee 12 while participating in the process to the extent that the wages earned, when combined 13 with the compensation paid under this subsection, exceed the employee's temporary 14 total disability rate; 15 (3) if [. IF PERMANENT PARTIAL DISABILITY OR] permanent 16 partial impairment benefits have been paid in a lump sum before the employee 17 requested or was found eligible for reemployment benefits, payment of benefits under 18 this subsection is suspended until [PERMANENT PARTIAL DISABILITY OR] 19 permanent partial impairment benefits would have ceased, had those benefits been 20 paid at the employee's temporary total disability rate, notwithstanding the provisions 21 of AS 23.30.155(j); a [. A] permanent partial impairment benefit remaining unpaid 22 upon the completion or termination of the plan shall be paid to the employee in a 23 single lump sum; 24 (4) an [. AN] employee may not be considered permanently totally 25 disabled so long as the employee is involved in the reemployment process under 26 this section [REHABILITATION PROCESS UNDER THIS CHAPTER. THE FEES 27 OF THE REHABILITATION SPECIALIST OR REHABILITATION 28 PROFESSIONAL SHALL BE PAID BY THE EMPLOYER AND MAY NOT BE 29 INCLUDED IN DETERMINING THE COST OF THE REEMPLOYMENT PLAN]. 30 * Sec. 12. AS 23.30.041(l) is amended to read: 31 (l) The cost of the reemployment plan incurred under this section shall be the
01 responsibility of the employer, shall be paid on an expense incurred basis, and may not 02 exceed $19,300. The commissioner shall adjust the maximum plan cost under this 03 subsection each year on January 1 based on the consumer price index for the 04 Anchorage metropolitan area, as published by the United States Bureau of Labor 05 Statistics. The maximum plan cost in effect when the employee is found eligible 06 for reemployment benefits shall apply to that plan and shall continue to apply to 07 that plan even if the plan is later modified. The fees of a rehabilitation specialist 08 may not be included in determining the cost of the plan. The employer shall pay a 09 rehabilitation specialist's fees for services under this chapter. The administrator 10 shall recommend and the department shall adopt regulations to establish fees for 11 rehabilitation specialist services [$13,300]. 12 * Sec. 13. AS 23.30.041(n) is amended to read: 13 (n) After the employee has requested an eligibility evaluation or the 14 employee and employer have stipulated to eligibility for reemployment benefits, 15 [ELECTED TO PARTICIPATE IN REEMPLOYMENT BENEFITS, IF THE 16 EMPLOYER BELIEVES THE EMPLOYEE HAS NOT COOPERATED] the 17 employer may controvert reemployment benefits under AS 23.30.155 if the 18 employee has not cooperated with the reemployment process [TERMINATE 19 REEMPLOYMENT BENEFITS ON THE DATE OF NONCOOPERATION]. 20 Noncooperation means 21 (1) unreasonable failure to 22 (A) keep appointments; 23 (B) maintain passing grades; 24 (C) attend designated programs; 25 (D) maintain contact with the rehabilitation specialist; 26 (E) cooperate with the rehabilitation specialist in developing a 27 reemployment plan and participating in activities relating to reemployability on 28 a full-time basis; 29 (F) comply with the employee's responsibilities outlined in the 30 reemployment plan; or 31 (G) participate in any planned reemployment activity as
01 determined by the administrator; or 02 (2) failure to give written notice to the employer of the employee's 03 choice of rehabilitation specialist [SPECIALISTS WITHIN 30 DAYS AFTER 04 RECEIVING NOTICE OF ELIGIBILITY FOR BENEFITS FROM THE 05 ADMINISTRATOR] as required by (g) of this section. 06 *Sec. 14. AS 23.30.041(o) is amended to read: 07 (o) Upon the request of a [EITHER] party, the administrator shall decide 08 whether the employee has not cooperated as provided under (n) of this section. A 09 hearing before the administrator shall be held not later than [WITHIN] 30 days after 10 it is requested. The administrator shall issue a decision not later than [WITHIN] 14 11 days after the hearing. A party may seek reconsideration or board review of the 12 administrator's decision under (v) of this section, or modification of the 13 administrator's decision under AS 23.30.130 [WITHIN 10 DAYS AFTER THE 14 ADMINISTRATOR FILES THE DECISION, EITHER PARTY MAY SEEK 15 REVIEW OF THE DECISION BY REQUESTING A HEARING UNDER 16 AS 23.30.110; THE BOARD SHALL UPHOLD THE DECISION OF THE 17 ADMINISTRATOR UNLESS EVIDENCE IS SUBMITTED SUPPORTING AN 18 ALLEGATION OF ABUSE OF DISCRETION ON THE PART OF THE 19 ADMINISTRATOR; THE BOARD SHALL RENDER A DECISION WITHIN 30 20 DAYS AFTER COMPLETION OF THE HEARING]. 21 * Sec. 15. AS 23.30.041(q) is repealed and reenacted to read: 22 (q) Notwithstanding AS 23.30.012, an employer and employee may not reach 23 an agreement that requires the employer to pay a lump sum to the employee in 24 exchange for the employee waiving any benefit under this section, and such an 25 agreement is void for any purpose, except that an employee may select a job 26 dislocation benefit under (s) of this section. 27 * Sec. 16. AS 23.30.041(r)(6) is amended to read: 28 (6) "rehabilitation specialist" means a person who is a certified 29 insurance rehabilitation specialist or [,] a certified rehabilitation counselor, or [A 30 PERSON] who meets the [HAS EQUIVALENT OR BETTER] qualifications 31 specified in [AS DETERMINED UNDER] regulations adopted by the department;
01 * Sec. 17. AS 23.30.041 is amended by adding new subsections to read: 02 (s) An employee who is eligible for reemployment benefits may select a job 03 dislocation benefit instead of reemployment benefits at any stage of the reemployment 04 process but not later than 150 days after the employee receives the administrator's 05 determination of eligibility or the employee and employer stipulate to the employee's 06 eligibility. To select a job dislocation benefit, an employee shall sign and file a sworn 07 statement with the division, in a format prescribed by the director, that specifies the 08 scope of benefits and rights waived by the selection. The employee's selection of a job 09 dislocation benefit 10 (1) takes effect upon service of the statement on the employer; not later 11 than 10 days after receiving the completed statement from the employee, the division 12 shall serve a copy on the administrator and the parties to the claim; 13 (2) requires the employer to pay the employee a job dislocation benefit 14 of 15 (A) $6,500 if the employee's permanent partial impairment 16 rating is greater than zero and less than 15 percent; 17 (B) $10,500 if the employee's permanent partial impairment 18 rating is 15 percent or greater but less than 30 percent; or 19 (C) $17,500 if the employee's permanent partial impairment 20 rating is 30 percent or greater; 21 (3) ends the reemployment process on the effective date of the 22 selection; 23 (4) discharges the liability of the employer for reemployment benefits 24 on or after the effective date of the selection, but the employer shall pay costs and fees 25 incurred and compensation payable during the reemployment process before the 26 effective date of the selection; and 27 (5) may not be modified under AS 23.30.130. 28 (t) At the request of a rehabilitation specialist, an employee, or an employer, 29 the administrator may suspend the reemployment process at any time based on an 30 unusual and extenuating circumstance, evaluated every 60 days by the administrator, 31 or a change in the employee's medical condition that prevents the employee from
01 participating in the reemployment process. The running of the periods in (d), (g), (h), 02 (j), (k), and (s) of this section are suspended and the employer may not controvert 03 benefits for noncooperation under (n) of this section from the date that the 04 administrator notifies the parties and rehabilitation specialist of a suspension. The 05 employer shall continue to pay reemployment benefits during a suspension, unless 06 benefits are controverted on grounds other than noncooperation. The administrator 07 may resume the reemployment process at the request of the rehabilitation specialist, 08 employee, or employer, or on the administrator's own initiative when the 09 circumstances that resulted in the suspension have changed or are expected to change. 10 The periods in (d), (g), (h), (j), (k), and (s) of this section continue to run again and the 11 employer may controvert benefits for noncooperation under (n) of this section from 12 the date that the administrator notifies the parties and the rehabilitation specialist that 13 the reemployment process has resumed. A party may seek reconsideration or board 14 review of the administrator's decision to suspend or resume the reemployment process 15 under (v) of this section. 16 (u) Before an employee completes an approved reemployment plan, the 17 employee or employer may request that the rehabilitation specialist modify the plan on 18 the ground of a change in conditions or a mistake in the determination of a fact, except 19 that the time to complete and the cost of a modified plan, when combined with the 20 time spent and costs incurred under the initial plan, may not exceed the time and cost 21 limitations in (k) and (l) of this section. If the employer and employee do not agree on 22 a modified plan, either party may submit the modified plan to the administrator for 23 approval. The administrator shall issue a decision on the modified plan not later than 24 14 days after the plan is submitted. A party may seek reconsideration or board review 25 of the administrator's decision under (v) of this section, or may seek a different 26 modification of the plan under this subsection. 27 (v) An employee or employer may ask the administrator in writing to 28 reconsider a decision made under (d), (j), (o), (t), or (u) of this section not later than 14 29 days after the decision is served. The administrator shall decide a request for 30 reconsideration not later than 14 days after the administrator receives the request. A 31 party may seek review of a decision made under (d), (j), (o), (t), or (u) of this section
01 by requesting a board hearing under AS 23.30.110 not later than 30 days after service 02 of the initial decision or the decision on reconsideration, whichever is later. The board 03 shall uphold the administrator's decision except for an abuse of discretion on the 04 administrator's part. 05 (w) An employee who requested an eligibility evaluation or stipulated to 06 eligibility may end the reemployment process at any time. To end the process, the 07 employee shall request a job dislocation benefit under (s) of this section if the 08 employee is eligible for reemployment benefits and the period for selecting the job 09 dislocation benefit has not run. If the employee is not eligible for the job dislocation 10 benefit, the employee shall end the reemployment process by notifying the division in 11 a format prescribed by the director. The notification 12 (1) takes effect upon service to the employer; not later than 10 days 13 after receiving the notification from the employee, the division shall serve a copy on 14 the administrator and the parties to the claim; 15 (2) discharges the liability of the employer for reemployment and job 16 dislocation benefits on or after the effective date of the notification, but the employer 17 shall pay costs and fees incurred and compensation payable during the reemployment 18 process before the effective date of the notification; and 19 (3) may not be modified under AS 23.30.130. 20 * Sec. 18. AS 23.30.130 is amended by adding a new subsection to read: 21 (c) At the request of a party on the ground of a change in conditions or a 22 mistake in the determination of a fact, the reemployment benefits administrator may 23 review and modify a decision issued by the reemployment benefits administrator 24 under AS 23.30.041 relating to an employee's eligibility for reemployment benefits or 25 an employee's noncooperation in the reemployment process not later than one year 26 after the initial decision was made. 27 * Sec. 19. AS 23.30.041(i) is repealed. 28 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY. (a) AS 23.30.012(a), as amended by sec. 2 of this Act, 31 AS 23.30.041(c), as amended by sec. 4 of this Act, AS 23.30.041(e), as amended by sec. 6 of
01 this Act, AS 23.30.041(g), as repealed and reenacted by sec. 8 of this Act, AS 23.30.041(h), 02 as amended by sec. 9 of this Act, AS 23.30.041(k), as amended by sec. 11 of this Act, 03 AS 23.30.041(n), as amended by sec. 13 of this Act, AS 23.30.041(q), as repealed and 04 reenacted by sec. 15 of this Act, AS 23.30.041(s), (t), and (w), added by sec. 17 of this Act, 05 and the repeal of AS 23.30.041(i) in sec. 19 of this Act apply to injuries occurring on or after 06 the effective date of secs. 2, 4, 6, 8, 9, 11, 13, 15, 17, and 19 of this Act. 07 (b) AS 23.30.041(d), as amended by sec. 5 of this Act, and AS 23.30.041(j), as 08 repealed and reenacted by sec. 10 of this Act, apply to injuries occurring on or after the 09 effective date of secs. 5 and 10 of this Act, except that a party may seek board review, 10 reconsideration, or modification of the administrator's decision on eligibility for 11 reemployment benefits or plan approval under the timeframes and procedures in 12 AS 23.30.041(v), added by sec. 17 of this Act, and AS 23.30.130(c), added by sec. 18 of this 13 Act, if the administrator serves the parties with the administrator's decision on or after the 14 effective date of secs. 5, 10, 17, and 18 of this Act. 15 (c) AS 23.30.041(f), as repealed and reenacted by sec. 7 of this Act, applies to job 16 dislocation benefits selected, reemployment plans completed, and injuries occurring on or 17 after the effective date of sec. 7 of this Act. 18 (d) AS 23.30.041(l), as amended by sec. 12 of this Act, applies to injuries occurring 19 on or after the effective date of sec. 12 of this Act, except that the employer's payment for the 20 services of a rehabilitation specialist applies to the services of a rehabilitation specialist 21 performed on or after the effective date of sec. 12 of this Act. 22 (e) AS 23.30.041(o), as amended by sec. 14 of this Act, AS 23.30.041(v), added by 23 sec. 17 of this Act, and AS 23.30.130(c), added by sec. 18 of this Act, apply to decisions that 24 the administrator serves on the parties on or after the effective date of secs. 14, 17, and 18 of 25 this Act. 26 (f) AS 23.30.041(u), added by sec. 17 of this Act, applies to reemployment plans that 27 have not been completed on or after the effective date of sec. 17 of this Act, except that, if the 28 employee's plan is based on an injury occurring before the effective date of AS 23.30.041(k) 29 and (l), as amended by secs. 11 and 12 of this Act, the time to complete and the cost of a 30 modified plan, when combined with the time spent and costs incurred under the initial plan, 31 may not exceed the time and cost limitations of AS 23.30.041(k) and (l) as those statutes read
01 on the day before the effective date of secs. 11 and 12 of this Act.