Title 8 . Labor and Workforce Development

Chapter 45 . Fishermen's Fund

Section 136. Notice of payment or modification of compensation

8 AAC 45.136. Notice of payment or modification of compensation

(a) When the employer or carrier begins, increases, reduces, terminates, suspends or otherwise modifies compensation payments to the employee, the employer or carrier shall notify the board and the employee of the nature and substance of the commencement or change within 28 days after the commencement or change by filing form 07-6104. The original of form 07-6104 must be filed with the employee and a copy filed with the board.

(b) For purposes of this section and AS 23.30.155 (c), "filed" means deposited in the mail or personally delivered.

(c) For purposes of AS 23.30.155 (m) a "complete" annual report means

(1) the board's case number is listed for at least 99 percent of all the cases for which the employer or carrier has paid compensation in the preceding calendar year;

(2) the difference, if any, between the amount listed as paid in each payment category is no greater than 10 percent of the amount reported to the board on the compensation reports filed under AS 23.30.155 (c) in the preceding year; if a payment was not made in a particular payment category, the annual report must be completed with a zero in that payment category;

(3) the number of notices of injury, claims, and controversions is listed;

(4) the annual report is signed by the employer or carrier's agent responsible for all workers' compensation payments made by the employer or an affidavit is filed in accordance with (c) of this section; and

(5) the name and address of the employer or carrier submitting the form is listed.

(d) The division will compare the amount listed for each payment category and case numbers listed on the annual report with the board's records to determine if the annual report is complete. The division will serve the employer or carrier written notice by mail that the annual report was incomplete, based on the differences. Within 30 days after the date notice is served, the employer or carrier must respond in writing to the board and provide documentation that the board's records are in error and the annual report was complete as initially filed. If the employer or carrier fails to timely respond in accordance with this section or the evidence submitted in the response does not prove the error was in the board's records, the annual report is incomplete for purposes of AS 23.30.155 (m).

(e) The form prescribed by the board for the annual report is form 07-6115, if the employer does not pay benefits through use of a computer. If an employer uses a computer in paying benefits, then the form prescribed is computer automated media, excluding computer printed reports, in the format of 07-6115 and must be accompanied by an affidavit stating the information contained in the computer automated media is true and correct.

(f) Penalties assessed under AS 23.30.155 (c) are due after application of AS 23.30.155 (m) and (d) of this section. The commissioner will notify the employer or carrier of the amount of penalties due, if penalties are not paid within 30 days after notification by the commissioner of the amount due, the employer or carrier shall pay

(1) an additional 25 percent of the penalties due under AS 23.30.155 (m); and

(2) interest on the penalties at the rate established by AS 45.45.010 until the penalties are paid.

History: Eff. 5/28/83, Register 86; am 12/14/86, Register 100; am 3/16/90, Register 113; am 7/20/97, Register 143; am 4/15/99, Register 150

Authority: AS 23.30.005

AS 23.30.155