Made available by
Touch N' Go Systems, Inc., and the
Law Offices of James B. Gottstein.
You can also go to The Alaska Legal Resource Center or search the entire website search.
|
(a) To controvert a claim the employer shall file form 07-6105 in accordance with AS 23.30.155 (a) and shall serve a copy of the notice of controversion upon all parties in accordance with 8 AAC 45.060.
(b) If a claim is controverted on the grounds that another employer or insurer is liable, as well as on other grounds, the board will, upon request under AS 23.30.110 and 8 AAC 45.070, determine if the other grounds for controversion are supported by the law or by evidence in the controverting party's possession at the time the controversion was filed. If the law does not support the controversion or if evidence to support the controversion was not in the party's possession, the board will invalidate the controversion, and will award additional compensation under AS 23.30.155 (e).
(c) If the most recent employer or insurer does not pay in accordance with AS 23.30.155 (d), the board will, in its discretion, award additional compensation under AS 23.30.155 (e) against the most recent employer even though the board has not determined which employer or insurer is liable. If additional compensation is awarded in accordance with this subsection, the additional compensation may not be reimbursed under AS 23.30.155 (d) if the most recent employer ultimately prevails on the liability dispute.
(d) After hearing a party's claim alleging an insurer or self-insured employer frivolously or unfairly controverted compensation due, the board will file a decision and order determining whether an insurer or self-insured employer frivolously or unfairly controverted compensation due. Under this subsection,
(1) if the board determines an insurer frivolously or unfairly controverted compensation due, the board will provide a copy of the decision and order at the time of filing to the division of insurance for action under AS 23.30.155 (o); or
(2) if the board determines a self-insured employer frivolously or unfairly controverted compensation due, the board will, at the time its decision and order are filed, provide a copy of the decision and order to the commissioner's designee for the self-insured employer records for consideration in its renewal application for self-insurance.
(e) For purposes of this section, the term "compensation due," and for purposes of AS 23.30.155 (o), the term "compensation due under this chapter," are terms that mean the benefits sought by the employee, including but not limited to disability, medical, and reemployment benefits, and whether paid or unpaid at the time the controversion was filed.
History: Eff. 5/28/83, Register 100; am 3/16/90, Register 113; am 7/2/98, Register 146
Authority: AS 23.30.005
Note to HTML Version:
The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.
If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.
Last modified 7/05/2006