8 AAC 45.110. Record of proceedings

(a) Evidence, exhibits, or other things received in evidence at a hearing or otherwise placed in the record by board order and any thing filed in the case file established in accordance with 8 AAC 45.032 is the written record at a hearing before the board. A person may see or get a copy of the written record in accordance with this subsection and after completing and giving the division a written request, providing identification, and paying the fee, if required under 8 AAC 45.030. Under this section,

(1) a party to a claim or a petition or a party's representative who has filed an entry of appearance in a case may see or get a copy of the written record, including medical and rehabilitation reports, for all of the employee's case files; for purposes of this paragraph, "a party to a claim or a petition" is the employee, the employer, the insurer, a person sought to be joined or consolidated to a claim or petition, or the rehabilitation specialist appointed or selected in accordance with AS 23.30.041 ;

(2) a government agency or a physician providing services under AS 23.30.095 (k) or 23.30.110(g) may see or get a copy of the written record, including medical and rehabilitation reports; or

(3) a person other than a person described in (1) or (2) of this subsection may see or get a copy of the written record, excluding the medical or rehabilitation reports; the person may see or get a copy of the written record, including medical and rehabilitation reports, upon submitting a

(A) written release signed by the employee giving consent for the person to see or get a copy of the medical and rehabilitation reports; or

(B) court order or a subpoena from a court or government agency.

(b) Exhibits submitted at hearings will be kept by the board during the time for appeal. When the time for the filing of an appeal has passed, the exhibits may be returned to the party who submitted the evidence. If the party is either unavailable or declines to take the exhibits, the exhibits may be destroyed. Medical reports submitted into evidence will remain in the case file.

(1) the official recording of the hearing;

(2) used to prepare the transcript for the record on appeal;

(3) kept separate from the case file; and

(4) copied upon written request and payment of the appropriate fee.

History: In effect before 7/28/59; am 5/28/83, Register 86; am 7/20/97, Register 143; am 7/2/98, Register 146

Authority: AS 23.30.005

AS 23.30.107

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