2 AAC 35.290. Application for disability benefits

(a) The administrator shall determine eligibility for disability benefits under AS 39.35. The administrator may require the employee to provide additional information and to submit to an examination by one or more physicians of the administrator's choosing at the division's expense.

(b) An employee may apply to the administrator for a determination of eligibility for disability benefits before employment is terminated. A determination by the administrator finding disability is void if the employee fails to terminate employment within 30 days of the date of the determination.

(c) When a determination is made under this section before termination, notice of the determination will be mailed to the employee's employer.

(d) A person who fails to file an application for disability benefits within the time established by this section forfeits the right to apply, unless the person demonstrates to the administrator that there are extraordinary circumstances that prevented the person from meeting the deadline. Extraordinary circumstances may include being adjudged as incompetent or confined to a hospital, but do not include lack of information or mere neglect.

History: Eff. 3/28/84, Register 93; am 1/7/2001, Register 159; am 2/13/2004, Register 172

Authority: AS 39.35.040

Editor's note: Even though the amendments to 2 AAC 35.290(d) were effective 2/13/2004, they were not published until Register 172, January 2005.

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