00 HOUSE BILL NO. 69 01 "An Act repealing the Workers' Compensation Appeals Commission; relating to 02 decisions and orders of the Workers' Compensation Appeals Commission; relating to 03 superior court jurisdiction over appeals from Alaska Workers' Compensation Board 04 decisions; repealing Rules 201.1, 401.1, and 501.1, Alaska Rules of Appellate Procedure, 05 and amending Rules 202(a), 204(a) - (c), 210(e), 601(b), and 603(a), Alaska Rules of 06 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. Unless reversed or modified by a court, decisions of the former Workers' 12 Compensation Appeals Commission have the force of legal precedent and shall stand 13 instead of the order of the board from which review was taken. 01 * Sec. 2. AS 23.30.107(b) is amended to read: 02 (b) Medical or rehabilitation records, and the employee's name, address, social 03 security number, electronic mail address, and telephone number contained on any 04 record, in an employee's file maintained by the division or held by the board [OR THE 05 COMMISSION] are not public records subject to public inspection and copying under 06 AS 40.25.100 - 40.25.295. This subsection does not prohibit 07 (1) the reemployment benefits administrator, the division, the board, 08 [THE COMMISSION,] or the department from releasing medical or rehabilitation 09 records in an employee's file, without the employee's consent, to a physician providing 10 medical services under AS 23.30.095(k) or 23.30.110(g), a party to a claim filed by 11 the employee, or a governmental agency; or 12 (2) the quoting or discussing of medical or rehabilitation records 13 contained in an employee's file during a hearing on a claim for compensation or in a 14 decision or order of the board [OR COMMISSION]. 15 * Sec. 3. AS 23.30.108(d) is amended to read: 16 (d) If the employee files a petition seeking a protective order to recover 17 medical and rehabilitation information that has been provided but is not related to the 18 employee's injury, and the board or the board's designee grants the protective order, 19 the board or the board's designee granting the protective order shall direct the division, 20 the board, [THE COMMISSION,] and the parties to return to the employee, as soon as 21 practicable following the issuance of the protective order, all medical and 22 rehabilitation information, including copies, in their possession that is unrelated to the 23 employee's injury under the protective order. 24 * Sec. 4. AS 23.30.108(e) is amended to read: 25 (e) If the board or the board's designee limits the medical or rehabilitation 26 information that may be used by the parties to a claim, either by an order on the record 27 or by issuing a written order, the division, the board, [THE COMMISSION,] and a 28 party to the claim may request and an employee shall provide or authorize the 29 production of medical or rehabilitation information only to the extent of the limitations 30 of the order. If information has been produced that is outside of the limits designated 31 in the order, the board or the board's designee shall direct the party in possession of 01 the information to return the information to the employee as soon as practicable 02 following the issuance of the order. 03 * Sec. 5. AS 23.30 is amended by adding a new section to read: 04 Sec. 23.30.126. Review of a board decision and order. (a) A decision and 05 order of the board becomes effective when filed in the office of the board under 06 AS 23.30.110. A decision and order of the board becomes final and is not subject to 07 further review, unless the board on its own motion reconsiders the decision and order 08 under AS 44.62.540, or modifies the decision and order under AS 23.30.130, or a 09 party seeks review of the decision and order by filing 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; 12 (3) petition for review with the superior court under the rules for 13 appellate procedure; or 14 (4) petition for modification under AS 23.30.130. 15 (b) A decision and order is not stayed pending judicial review unless a party 16 applies for a stay and files a supersedeas bond, if required, in conformance with the 17 rules of appellate procedure, and the court orders a stay, in whole or in part. To stay 18 continuing future periodic compensation payments, the party applying for the stay 19 must show irreparable harm and the existence of the probability of the merits of the 20 appeal being decided adversely to the recipient of the compensation payments. To stay 21 a lump sum compensation payment, the party applying for the stay must show 22 irreparable harm and the existence of serious and substantial questions going to the 23 merits of the case. 24 (c) The board's findings regarding the credibility of the testimony of a witness 25 before the board are binding on the court as provided in AS 23.30.122. A finding of 26 fact made by the board as part of a decision and order shall be conclusive for a 27 reviewing court if supported by substantial evidence in light of the whole record. To 28 the extent that it does not conflict with the provisions of this chapter, AS 44.62.570 29 applies to judicial review. 30 (d) The director may intervene in an appeal or petition for review. If a party is 31 not represented by an attorney and a compensation order concerns an unsettled 01 question of law, the director may file an appeal or petition for review to obtain a 02 ruling. 03 * Sec. 6. AS 23.30.155 is amended by adding a new subsection to read: 04 (r) If compensation payable under the terms of an award is not paid within 14 05 days after it becomes due, there shall be added to that unpaid compensation an amount 06 equal to 25 percent of the unpaid installment. The additional amount shall be paid at 07 the same time as, but in addition to, the compensation unless review of the 08 compensation order making the award is had as provided in AS 23.30.126, and a court 09 orders a stay of payments. The additional amount shall be paid directly to the recipient 10 to whom the unpaid compensation was to be paid. 11 * Sec. 7. AS 39.50.200(b)(31) is amended to read: 12 (31) Workers' Compensation Board (AS 23.30.005) [AND 13 WORKERS' COMPENSATION APPEALS COMMISSION (AS 23.30.007)]; 14 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 DIRECT COURT RULE AMENDMENT. Rule 204(c)(2), Alaska Rules of 17 Appellate Procedure, is amended to read: 18 (2) Notwithstanding subparagraph (1), a bond for costs on appeal shall 19 not be required in an appeal from a decision of the trial court in any criminal case or 20 any civil case where an indigent party is entitled to court-appointed counsel, and a 21 bond shall not be required from an employee appealing from a denial of compensation 22 by the Alaska Workers’ Compensation Board [APPEALS COMMISSION] or from a 23 denial of a claim for benefits under AS 23.20 (Employment Security Act). 24 * Sec. 9. Rules 201.1, 401.1, and 501.1, Alaska Rules of Appellate Procedure, are repealed. 25 * Sec. 10. AS 23.30.007, 23.30.008, 23.30.009, 23.30.125, 23.30.127, 23.30.128, 23.30.129, 26 23.30.155(f), 23.30.395(10); AS 39.25.110(40); AS 44.64.020(a)(12), and 44.64.020(a)(13) 27 are repealed. 28 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 INDIRECT COURT RULE AMENDMENTS. (a) The repeal of AS 23.30.129 in sec. 31 10 of this Act, has the effect of amending 202(a), Alaska Rules of Appellate Procedure by 01 removing the need for provisions in that rule governing appeals from the Workers' 02 Compensation Appeals Commission to the supreme court after that commission is dissolved. 03 (b) The repeal of AS 23.30.128 in sec. 10 of this Act has the effect of amending Rule 04 204(a)(1), Alaska Rules of Appellate Procedure, by removing the need for the provisions in 05 that rule governing the time period for appeals from the Workers' Compensation Appeals 06 Commission under AS 23.30.128(g) after that commission is dissolved and the time period 07 for filing any appeal from a final decision of that commission has run. 08 (c) The repeal of AS 23.30.128 and 23.30.129 in sec. 10 of this Act has the effect of 09 amending Rule 204(a)(3), Alaska Rules of Appellate Procedure, by removing the need for 10 provisions on motions that terminate the time for filing appeals of the Workers' Compensation 11 Appeals Commission after that commission is dissolved. 12 (d) The repeal of AS 23.30.008 in sec. 10 of this Act has the effect of amending Rule 13 204(a)(5), Alaska Rules of Appellate Procedure by removing the need to reference 14 AS 23.30.008(d) after that commission is dissolved. 15 (e) The repeal of AS 23.30.129 in sec. 10 of this Act has the effect of amending Rule 16 204(b)(5), Alaska Rules of Appellate Procedure, by necessitating a change in the name of the 17 administrative agency that issued the final administrative denial of workers' compensation 18 benefits from the Workers' Compensation Appeals Commission to the Alaska Workers' 19 Compensation Board after the Workers' Compensation Appeals Commission is dissolved and 20 the time period for filing any appeal from a final decision of that commission has run. 21 (f) The repeal of AS 23.30.007, 23.30.008, 23.30.009, 23.30.125, 23.30.127, 22 23.30.128, and 23.30.129 in sec. 10 of this Act has the effect of amending Rule 210(e)(1), 23 Alaska Rules of Appellate Procedure, by removing the need to reference preparation of the 24 record on appeal from a final decision of the Workers' Compensation Appeals Commission 25 after that commission is dissolved and the records on any appeals from final decisions of that 26 commission have been transmitted to the supreme court. 27 (g) The repeal of AS 23.30.129 in sec. 10 of this Act has the effect of amending Rule 28 601(b), Alaska Rules of Appellate Procedure, by removing the need to reference that an 29 appeal from the Workers' Compensation Appeals Commission shall be taken to the supreme 30 court under AS 23.30.129 after the Workers' Compensation Appeals Commission is dissolved 31 and any appeal from a final decision of that commission has been timely filed with the 01 supreme court. 02 (h) AS 23.30.126, added by sec. 5 of this Act, has the effect of amending Rule 603(a), 03 Alaska Rules of Appellate Procedure, by establishing a standard for seeking a stay of 04 compensation payments in an appeal filed in the superior court from a final decision of the 05 Alaska Workers' Compensation Board. 06 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 CONDITIONAL EFFECT. This Act takes effect only if secs. 8, 9, and 11 of this Act, 09 receive the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of 10 the State of Alaska. 11 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section 12 to read: 13 APPLICABILITY. Before December 2, 2017, AS 23.30.005, 23.30.007, 23.30.008, 14 23.30.009, 23.30.107(b), 23.30.108(d), 23.30.108(e), 23.30.125, 23.30.127, 23.30.128, 15 23.30.129, 23.30.155(f), 23.30.395(10); AS 39.25.110(40); AS 39.50.200(b)(31); and 16 AS 44.64.020(a)(12) and (13), as those statutes read on the day before the effective date of 17 this Act, continue to apply to appeals, petitions for review, and other proceedings pending 18 before the Workers' Compensation Appeals Commission. Appeals, petitions for review, and 19 other proceedings under this subsection shall be continued in the Workers' Compensation 20 Appeals Commission through December 1, 2017. AS 23.30.126, added by sec. 5 of this Act, 21 and AS 23.30.155(r), added by sec. 6 of this Act, do not apply to appeals, petitions for review, 22 or other proceedings under this subsection. AS 23.30.129, as it read on the day before the 23 effective date of this Act, shall apply to appeals to the state supreme court from final decisions 24 of the Workers' Compensation Appeals Commission issued on or before December 1, 2017, 25 and to petitions for review from interlocutory decisions of the Workers' Compensation 26 Appeals Commission issued on or before December 1, 2017. 27 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 TRANSITIONAL PROVISIONS. (a) Appeals, petitions for review, and other 30 proceedings that seek review of Workers' Compensation Board decisions and orders, and that 31 have not been filed before the Workers' Compensation Appeals Commission on or before 01 May 31, 2017, must be filed in the superior court on or after June 1, 2017, in accordance with 02 AS 23.30.126, added by sec. 5 of this Act, and the filing deadlines in AS 44.62.560 and Rule 03 602(a)(2), Alaska Rules of Appellate Procedure. 04 (b) A party who seeks review of a final Workers' Compensation Appeals Commission 05 decision issued on or before December 1, 2017, shall file an appeal to the state supreme court 06 under AS 23.30.129, and the rules of appellate procedure, as that statute and those rules read 07 on the day before the effective date of this Act. A party who seeks review of an interlocutory 08 Workers' Compensation Appeals Commission decision issued on or before December 1, 09 2017, shall file a petition for review with the state supreme court under AS 23.30.129, and the 10 rules of appellate procedure, as that statute and those rules read on the day before the effective 11 date of this Act. Cases in which a party seeks review of a final Workers' Compensation Board 12 decision and order issued after a remand from the Workers' Compensation Appeals 13 Commission must be filed in the superior court on or after June 1, 2017, in accordance with 14 AS 23.30.126, added by sec. 5 of this Act. 15 (c) The Workers' Compensation Appeals Commission's power to order 16 reconsideration under AS 23.30.128(f), as that section read on the date before the effective 17 date of this Act, expires on December 2, 2017. Requests for reconsideration pending before 18 the Workers' Compensation Appeals Commission shall be automatically denied on 19 December 2, 2017, and, notwithstanding AS 23.30.128(g), as that section read on the day 20 before the effective date of this Act, the decision of the Workers' Compensation Appeals 21 Commission becomes final on December 2, 2017. If the Workers' Compensation Appeals 22 Commission ordered reconsideration but did not issue a decision on reconsideration on or 23 before December 1, 2017, reconsideration shall be automatically denied on December 2, 24 2017, and, notwithstanding AS 23.30.128(g), as that section read on the day before the 25 effective date of this Act, the original decision of the Workers' Compensation Appeals 26 Commission becomes final on December 2, 2017. A party whose request for reconsideration 27 was denied under this subsection and who seeks further review must file an appeal in the 28 supreme court under AS 23.30.129, as it read on the day before the effective date of this Act, 29 and in accordance with the rules of appellate procedure. 30 (d) On December 2, 2017, the Workers' Compensation Appeals Commission shall 31 transfer the files of all appeals, petitions for review, and other proceedings that were pending 01 before June 1, 2017 and were not completed on or before December 1, 2017, to superior 02 court, which will assume jurisdiction under AS 22.10.020, and Rules 604(b) and 609, Alaska 03 Rules of Appellate Procedure. The Workers' Compensation Appeals Commission shall 04 provide notice to all parties of record 30 days before it transfers a pending case, advising 05 parties of the transfer of jurisdiction and the effective date of the transfer. The Workers' 06 Compensation Appeals Commission shall prepare each record in accordance with Rule 07 604(b), Alaska Rules of Appellate Procedure, and mail or hand deliver the record in the 08 pending case to the superior court in the judicial district where the Workers' Compensation 09 Board issued the contested decision and order. If the superior court determines that the record 10 does not comply with Rule 604(b), Alaska Rules of Appellate Procedure, the court may return 11 the record to the Workers' Compensation Board and direct the Workers' Compensation Board 12 to conform the record as may be necessary. 13 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 TRANSITION: TERMS OF COMMISSIONERS. Notwithstanding AS 23.30.007(e), 16 the terms of the members appointed to the Workers' Compensation Appeals Commission 17 expire December 31, 2017. 18 * Sec. 16. This Act takes effect June 1, 2017.