8 AAC 45.510. Request for reemployment benefits eligibility evaluation

(a) For injuries occurring on or after July 1, 1988, an employee or an employer may request an eligibility evaluation for reemployment benefits. The request must be in writing, complete in accordance with (b) of this section, and submitted to the administrator.

(b) The administrator will consider a written request for an eligibility evaluation for reemployment benefits if the compensability of the injury has not been controverted and if the request is submitted together with

(1) an explanation of the unusual and extenuating circumstances, as defined in 8 AAC 45.520, for a request that is made more than 90 days after the date the employee gave the employer notice of the injury; and

(2) a physician's prediction that the injury may permanently preclude the employee from returning to the job at time of injury.

(c) Within 30 days after receiving a request for an evaluation for reemployment benefits, the administrator will review the request, determine if the request is complete in accordance with (b) of this section, and send a letter to the parties

(1) asking for additional information if the request is incomplete; or

(2) telling the parties that the request is complete, and advising the parties of the decision on whether an unusual and extenuating circumstance existed under AS 23.30.041 (c) and 8 AAC 45.520, if appropriate; the administrator's letter must also advise the parties, as appropriate, that

(A) the employee is eligible for an evaluation, as well as the name and address of the rehabilitation specialist selected in accordance with AS 23.30.041 (c) to evaluate the employee; or

(B) that action will not be taken on the request for an eligibility evaluation until the controversion of the compensability of the injury has been resolved.

History: Eff. 7/2/98, Register 146

Authority: AS 23.30.005

AS 23.30.041

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