00 CS FOR HOUSE BILL NO. 214(L&C) 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, 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 make available, upon 10 request, the decisions and orders of the former Workers' Compensation Appeals 11 Commission. Decisions and orders of the former Workers' Compensation Appeals 12 Commission are final and conclusive unless appealed to the Alaska Supreme Court 13 and shall stand instead of the order of the board from which review was taken. Unless 01 reversed by the Alaska Supreme Court, decisions of the former Workers' 02 Compensation Appeals Commission have the force of legal precedent. 03 * Sec. 2. AS 23.30.107(b) is amended to read: 04 (b) Medical or rehabilitation records, and the employee's name, address, social 05 security number, electronic mail address, and telephone number contained on any 06 record, in an employee's file maintained by the division or held by the board [OR THE 07 COMMISSION] are not public records subject to public inspection and copying under 08 AS 40.25.100 - 40.25.295. This subsection does not prohibit 09 (1) the reemployment benefits administrator, the division, the board, 10 [THE COMMISSION,] or the department from releasing medical or rehabilitation 11 records in an employee's file, without the employee's consent, to a physician providing 12 medical services under AS 23.30.095(k) or 23.30.110(g), a party to a claim filed by 13 the employee, or a governmental agency; or 14 (2) the quoting or discussing of medical or rehabilitation records 15 contained in an employee's file during a hearing on a claim for compensation or in a 16 decision or order of the board [OR COMMISSION]. 17 * Sec. 3. AS 23.30.108(d) is amended to read: 18 (d) If the employee files a petition seeking a protective order to recover 19 medical and rehabilitation information that has been provided but is not related to the 20 employee's injury, and the board or the board's designee grants the protective order, 21 the board or the board's designee granting the protective order shall direct the division, 22 the board, [THE COMMISSION,] and the parties to return to the employee, as soon as 23 practicable following the issuance of the protective order, all medical and 24 rehabilitation information, including copies, in their possession that is unrelated to the 25 employee's injury under the protective order. 26 * Sec. 4. AS 23.30.108(e) is amended to read: 27 (e) If the board or the board's designee limits the medical or rehabilitation 28 information that may be used by the parties to a claim, either by an order on the record 29 or by issuing a written order, the division, the board, [THE COMMISSION,] and a 30 party to the claim may request and an employee shall provide or authorize the 31 production of medical or rehabilitation information only to the extent of the limitations 01 of the order. If information has been produced that is outside of the limits designated 02 in the order, the board or the board's designee shall direct the party in possession of 03 the information to return the information to the employee as soon as practicable 04 following the issuance of the order. 05 * Sec. 5. AS 23.30 is amended by adding a new section to read: 06 Sec. 23.30.126. Review of board order. (a) A decision or order of the board 07 becomes effective when filed in the office of the board under AS 23.30.110, and a 08 decision or order of the board becomes final on the 31st day after it is filed. After a 09 decision or order becomes final, a party may seek review by filing a notice of appeal 10 with the superior court under AS 44.62.560 under the rules of appellate procedure. 11 (b) If not in accordance with law, a compensation order may be suspended or 12 set aside, in whole or in part, through injunction proceedings in the superior court 13 brought by a party in interest against the board and all other parties to the proceedings 14 before the board. The payment of the amounts required by an award may not be stayed 15 pending final decision in the proceeding unless upon application for an interlocutory 16 injunction the court on hearing, after not less than three days' notice to the parties in 17 interest and the board, allows the stay of payment, in whole or in part, where 18 irreparable damage would otherwise ensue to the employer. The order of the court 19 allowing a stay shall contain a specific finding, based upon evidence submitted to the 20 court and identified by reference to it, that irreparable damage would result to the 21 employer, and specify the nature of the damage. 22 (c) If an employer fails to comply with a compensation order making an award 23 that has become final, a beneficiary of the award or the board may apply for the 24 enforcement of the order to the superior court. If the court determines that the order 25 was made and served in accordance with law, and that the employer or the officers or 26 agents of the employer have failed to comply with it, the court shall enforce obedience 27 to the order by writ of injunction or by other proper process to enjoin upon the 28 employer and the officers and agents of the employer compliance with the order. 29 (d) Proceedings for suspending, setting aside, or enforcing a compensation 30 order, whether rejecting a claim or making an award, may not be instituted except as 31 provided in this section and AS 23.30.170. 01 (e) Subject to an employer's or employee's burden of proof, a finding of fact 02 made by the board as a part of a compensation order is conclusive unless the court 03 specifically finds that a reasonable person could not have reached the conclusion made 04 by the board. 05 (f) The director may intervene in an appeal under AS 44.62.560 or petition for 06 review. If a party is not represented by counsel and a compensation order concerns an 07 unsettled question of law, the director may file an appeal or petition for review to 08 obtain a ruling. 09 (g) A court may not make an award of costs and attorney fees against an 10 injured worker unless the court finds that the worker's position on judicial review was 11 frivolous or unreasonable or the judicial review was sought in bad faith. 12 * Sec. 6. AS 23.30.155(f) is amended to read: 13 (f) If compensation payable under the terms of an award is not paid within 14 14 days after it becomes due, there shall be added to that unpaid compensation an amount 15 equal to 25 percent of the unpaid installment. The additional amount shall be paid at 16 the same time as, but in addition to, the compensation, unless review of the 17 compensation order making the award as provided under AS 23.30.126 18 [AS 23.30.008] and an interlocutory injunction staying payments is allowed by the 19 court. The additional amount shall be paid directly to the recipient to whom the unpaid 20 compensation was to be paid. 21 * Sec. 7. AS 39.50.200(b)(31) is amended to read: 22 (31) Workers' Compensation Board (AS 23.30.005) [AND 23 WORKERS' COMPENSATION APPEALS COMMISSION (AS 23.30.007)]; 24 * Sec. 8. Rules 201.1, 401.1, and 501.1, Alaska Rules of Appellate Procedure, are repealed. 25 * Sec. 9. AS 23.30.007, 23.30.008, 23.30.009, 23.30.125, 23.30.127, 23.30.128, 23.30.129, 26 23.30.395(10); AS 39.25.110(40); AS 44.64.020(a)(12), and 44.64.020(a)(13) are repealed. 27 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 INDIRECT COURT RULE AMENDMENTS. The provisions of AS 23.30.126, added 30 by sec. 5 of this Act, and the repeal of AS 23.30.007, 23.30.008, 23.30.125, 23.30.127, 31 23.30.128, and 23.30.129 in sec. 9 of this Act have the effect of changing Rules 202(a), 01 204(a) - (c), 210(e), 508, 601(b), 602, and 603, Alaska Rules of Appellate Procedure, by 02 repealing the Alaska Workers' Compensation Commission and providing that appeals from 03 the Alaska Workers' Compensation Board be brought in the superior court, and by limiting 04 costs and attorney fees that may be awarded against an injured worker. 05 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 APPLICABILITY. Before December 2, 2016, AS 23.30.007 - 23.30.009, 08 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), 09 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 10 they existed on the day before the effective date of this Act, continue to apply to appeals, 11 petitions for review, and other proceedings pending before the Workers' Compensation 12 Appeals Commission. Appeals, petitions for review, and other proceedings under this section 13 shall be continued in the Workers' Compensation Appeals Commission until December 1, 14 2016. AS 23.30.126, added by sec. 5 of this Act, and AS 23.30.155(f), as amended by sec. 6 15 of this Act, do not apply to appeals, petitions for review, or other proceedings under this 16 section. AS 23.30.129, as it read on the day before the effective date of this Act, applies to 17 appeals to the Alaska Supreme Court from final decisions of the Workers' Compensation 18 Appeals Commission issued on or before December 1, 2016. 19 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 TRANSITIONAL PROVISIONS. (a) Appeals, petitions for review, and other 22 proceedings pending before the Workers' Compensation Appeals Commission before June 1, 23 2016, and not completed in the Workers' Compensation Appeals Commission before 24 December 2, 2016, shall be transferred to the superior court in the judicial district where the 25 original claim was filed, under AS 22.10.020 and Rules 604(b) and 609, Alaska Rules of 26 Appellate Procedure. 27 (b) Appeals, petitions for review, and other proceedings that seek review of Alaska 28 Workers' Compensation Board decisions and that have not been filed and are not pending 29 before the Workers' Compensation Appeals Commission on or before May 31, 2016, must be 30 filed in the superior court on or after June 1, 2016, within 30 days after the date that the board 31 decision becomes final. 01 (c) On or after November 1, 2016, a party seeking review of a Workers' 02 Compensation Appeals Commission decision may file an appeal or petition for review with 03 the supreme court under AS 23.30.129, as that section read on the day before the effective 04 date of this Act. 05 (d) On December 2, 2016, the Workers' Compensation Appeals Commission shall 06 transfer the files of all appeals, petitions for review, and other proceedings that were pending 07 before June 1, 2016, and that were not completed before December 2, 2016, to the superior 08 court, which will assume jurisdiction of the action. The Workers' Compensation Appeals 09 Commission shall provide notice to all parties of record 30 days before it transfers a pending 10 case, advising the parties of the transfer of jurisdiction and the effective date of the transfer. 11 The Workers' Compensation Appeals Commission shall prepare each file in accordance with 12 the Alaska Rules of Appellate Procedure and mail or hand deliver the record in the pending 13 case to the superior court in the judicial district where the original claim was filed. If the 14 superior court determines that the record does not comply with the Alaska Rules of Appellate 15 Procedure, the court may return the record to the Workers' Compensation Appeals 16 Commission and direct the Workers' Compensation Appeals Commission to conform the 17 record as may be necessary. 18 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 TRANSITION: TERMS OF COMMISSIONERS. Notwithstanding AS 23.30.007(e), 21 the terms of individuals appointed to the Workers' Compensation Appeals Commission expire 22 December 31, 2016. 23 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 CONDITIONAL EFFECT. This Act takes effect only if secs. 8 and 10 of this Act 26 receive the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of 27 the State of Alaska. 28 * Sec. 15. This Act takes effect June 1, 2016.