SB 76: "An Act repealing the Workers' Compensation Appeals Commission; relating to decisions and orders of the Workers' Compensation Appeals Commission; relating to superior court jurisdiction over appeals from Alaska Workers' Compensation Board decisions; repealing Rules 201.1, 401.1, and 501.1, Alaska Rules of Appellate Procedure, and amending Rules 202(a), 204(a) - (c), 210(e), 601(b), 602(c) and (h), and 603(a), Alaska Rules of Appellate Procedure; and providing for an effective date."
00 SENATE BILL NO. 76 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), 602(c) and (h), and 603(a), 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. 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 may be modified under AS 23.30.130 07 or reconsidered under AS 44.62.540. A party may seek review of a decision and order 08 of the board by filing with the superior court a notice of appeal under AS 44.62.560 or 09 a petition for review under the Alaska Rules of Appellate Procedure. 10 (b) A decision and order is not automatically stayed pending judicial review. 11 A court may order a stay, in whole or in part, if a party 12 (1) applies for a stay; 13 (2) files a supersedeas bond, if required, in conformance with the 14 Alaska Rules of Appellate Procedure; 15 (3) for a stay involving continuing future periodic compensation 16 payments, shows irreparable harm and the probability that the appeal will be decided 17 adversely to the recipient on the merits; and 18 (4) for a stay involving a lump sum compensation payment, shows 19 irreparable harm and serious and substantial questions regarding the merits of the case. 20 (c) A finding of fact made by the board as part of a decision and order shall be 21 conclusive for a reviewing court if supported by substantial evidence in light of the 22 whole record. To the extent that it does not conflict with the provisions of this chapter, 23 AS 44.62.570 applies to judicial review. 24 (d) The director may intervene in an appeal or petition for review. If a party is 25 not represented by an attorney and a compensation order concerns an unsettled 26 question of law, the director may file an appeal or petition for review to obtain a 27 ruling. 28 * Sec. 6. AS 23.30.155(f) is amended to read: 29 (f) If compensation payable under the terms of an award is not paid within 14 30 days after it becomes due, there shall be added to that unpaid compensation an amount 31 equal to 25 percent of the unpaid installment. The additional amount shall be paid at
01 the same time as, but in addition to, the compensation, unless there is a review of the 02 compensation order making the award as provided under AS 23.30.126 and a court 03 orders a stay of payments [AS 23.30.008 AND AN INTERLOCUTORY 04 INJUNCTION STAYING PAYMENTS IS ALLOWED BY THE COURT]. The 05 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 09 WORKERS' COMPENSATION APPEALS COMMISSION (AS 23.30.007)]; 10 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 REPEAL OF COURT RULES. Rules 201.1, 401.1, and 501.1, Alaska Rules of 13 Appellate Procedure, are repealed. 14 * Sec. 9. AS 23.30.007, 23.30.008, 23.30.009, 23.30.125, 23.30.127, 23.30.128, 23.30.129, 15 23.30.395(10); AS 39.25.110(40); AS 44.64.020(a)(12), and 44.64.020(a)(13) are repealed. 16 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 INDIRECT COURT RULE AMENDMENTS. (a) The provisions of AS 23.30.126, 19 added by sec. 5 of this Act, and the repeals of AS 23.30.007, 23.30.008, 23.30.009, 23.30.125, 20 23.30.127, 23.30.128, and 23.30.129 in sec. 9 of this Act, have the effect of changing Rules 21 202(a), 204(a) - (c), 210(e), and 601(b), Alaska Rules of Appellate Procedure, by repealing 22 the Alaska Workers' Compensation Appeals Commission and providing that appeals and 23 petitions for review from decisions of the Alaska Workers' Compensation Board be brought in 24 superior court. 25 (b) AS 23.30.126, added by sec. 5 of this Act, has the effect of amending Rules 26 602(c) and (h), Alaska Rules of Appellate Procedure, by permitting the director of the 27 division of workers' compensation to file an appeal or petition for review in the superior court 28 under specified circumstances or intervene in an appeal or petition for review in the superior 29 court. 30 (c) AS 23.30.126, added by sec. 5 of this Act, has the effect of amending Rule 603(a), 31 Alaska Rules of Appellate Procedure, by establishing a standard for seeking a stay of
01 compensation payments in an appeal filed in the superior court from a final decision of the 02 Alaska Workers' Compensation Board. 03 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 APPLICABILITY. (a) AS 23.30.005, 23.30.007, 23.30.008, 23.30.009, 23.30.107(b), 06 23.30.108(d), 23.30.108(e), 23.30.125, 23.30.127, 23.30.128, 23.30.129, 23.30.155(f), 07 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 08 those statutes read on the day before the effective date of this Act, continue to apply to 09 appeals, petitions for review, and other proceedings pending before the Workers' 10 Compensation Appeals Commission on or before December 1, 2019. Appeals, petitions for 11 review, and other proceedings under this subsection shall be continued in the Workers' 12 Compensation Appeals Commission on or before December 1, 2019. 13 (b) AS 23.30.126, added by sec. 5 of this Act, and AS 23.30.155(f), as amended by 14 sec. 6 of this Act, do not apply to appeals, petitions for review, or other proceedings under (a) 15 of this section. 16 (c) 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, 2019, and to petitions for review from 19 interlocutory decisions of the Workers' Compensation Appeals Commission issued on or 20 before December 1, 2019. 21 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 TRANSITIONAL PROVISIONS. (a) Appeals, petitions for review, and other 24 proceedings that seek review of decisions and orders of the Alaska Workers' Compensation 25 Board and that have not been filed before the Workers' Compensation Appeals Commission 26 before the effective date of this Act, shall be filed in the superior court on or after June 1, 27 2019, in accordance with AS 23.30.126, added by sec. 5 of this Act, and the filing deadlines 28 in AS 44.62.560 and Rule 602(a)(2), Alaska Rules of Appellate Procedure. 29 (b) A party seeking review of a final Workers' Compensation Appeals Commission 30 decision issued on or before December 1, 2019, shall file an appeal to the Alaska supreme 31 court under AS 23.30.129, and the Alaska Rules of Appellate Procedure, as that statute and
01 those rules read on the day before the effective date of this Act. A party who seeks review of 02 an interlocutory decision of the Workers' Compensation Appeals Commission issued on or 03 before December 1, 2019, shall file a petition for review with the Alaska supreme court under 04 AS 23.30.129, and the Alaska Rules of Appellate Procedure, as that statute and those rules 05 read on the day before the effective date of this Act. Cases in which a party seeks review of a 06 final Alaska Workers' Compensation Board decision and order issued after a remand from the 07 Workers' Compensation Appeals Commission must be filed in the superior court on or after 08 June 1, 2019, in accordance with AS 23.30.126, added by sec. 5 of this Act. 09 (c) The power of the Workers' Compensation Appeals Commission to order 10 reconsideration under AS 23.30.128(f), as that section read on the day before the effective 11 date of this Act, expires on December 2, 2019. Requests for reconsideration pending before 12 the Workers' Compensation Appeals Commission shall be automatically denied on 13 December 2, 2019, and, notwithstanding AS 23.30.128(g), as that section read on the day 14 before the effective date of this Act, the decision of the Workers' Compensation Appeals 15 Commission becomes final on December 2, 2019. If the Workers' Compensation Appeals 16 Commission ordered reconsideration but did not issue a decision on reconsideration on or 17 before December 1, 2019, reconsideration shall be automatically denied on December 2, 18 2019, and, notwithstanding AS 23.30.128(g), as that section read on the day before the 19 effective date of this Act, the original decision of the Workers' Compensation Appeals 20 Commission becomes final on December 2, 2019. A party whose request for reconsideration 21 was denied under this subsection and who seeks further review shall file an appeal in the 22 Alaska supreme court under AS 23.30.129, as that section read on the day before the effective 23 date of this Act, and in accordance with the Alaska Rules of Appellate Procedure. 24 (d) On December 2, 2019, the Workers' Compensation Appeals Commission shall 25 transfer the files of all appeals, petitions for review, and other proceedings that were pending 26 before June 1, 2019, and were not completed on or before December 1, 2019, to the superior 27 court, which shall assume jurisdiction under AS 22.10.020, and Rules 604(b) and 609, Alaska 28 Rules of Appellate Procedure. The Workers' Compensation Appeals Commission shall 29 provide notice to all parties of record 30 days before it transfers a pending case, advising 30 parties of the transfer of jurisdiction and the effective date of the transfer. The Workers' 31 Compensation Appeals Commission shall prepare each record in accordance with Rule
01 604(b), Alaska Rules of Appellate Procedure, and mail or hand deliver the record in the 02 pending case to the superior court in the judicial district where the Alaska Workers' 03 Compensation Board issued the contested decision and order. If the superior court determines 04 that the record does not comply with Rule 604(b), Alaska Rules of Appellate Procedure, the 05 court may return the record to the Alaska Workers' Compensation Board and direct the Alaska 06 Workers' Compensation Board to conform the record as may be necessary. 07 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITION: TERMS OF COMMISSIONERS. Notwithstanding AS 23.30.007(e), 10 as repealed by sec. 9 of this Act, the terms of the members appointed to the Workers' 11 Compensation Appeals Commission expire December 31, 2019. 12 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 CONDITIONAL EFFECT. This Act takes effect only if secs. 8 and 10 of this Act 15 receive the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of 16 the State of Alaska. 17 * Sec. 15. If this Act takes effect under sec. 14 of this Act, it takes effect June 1, 2019.