8 AAC 45.520. Determination of unusual and extenuating circumstances

(a) An employee requesting an eligibility evaluation for reemployment benefits more than 90 days after giving the employer notice of the injury must submit to the administrator

(1) a written request for the evaluation;

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

(3) a written statement explaining the unusual and extenuating circumstances that prevented the employee from timely requesting the eligibility evaluation.

(b) Within 30 days after receiving the information required under (a) of this section, the administrator will notify the parties, by certified mail, whether the employee had an unusual and extenuating circumstance that prevented the employee from making a timely request for an eligibility evaluation. An unusual and extenuating circumstance exists only if the administrator determines that within the first 90 days after the employee gave the employer notice of the injury

(1) a doctor failed to predict that the employee may be permanently precluded from returning to the job at time of injury;

(2) the employee did not know that a doctor predicted the employee may be permanently precluded from returning to the job at time of injury;

(3) the employer accommodated the employee's limitation and continued to employ the employee;

(4) the employee continued to be employed;

(5) the compensability of the injury was controverted and compensability was not resolved; or

(6) the employee's injury was so severe that the employee was physically or mentally prevented from requesting an eligibility evaluation.

(c) Within 10 days after the decision, either party may seek a review of the decision by requesting a hearing under AS 23.30.110 .

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

Authority: AS 23.30.005

AS 23.30.041

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