Title 8 . Labor and Workforce Development

Chapter 45 . Fishermen's Fund

Section 550. Plans

8 AAC 45.550. Plans

(a) If an employee is found eligible for development of a reemployment plan, the rehabilitation specialist shall

(1) interview the employee, and conduct testing if needed, to complete an inventory in accordance with AS 23.30.041 (h)(2);

(2) document the employee's permanent physical capacities, in accordance with AS 23.30.041 (h)(2), and the estimated date of medical stability in accordance with AS 23.30.041 (h)(7);

(3) compute the employee's remunerative employability wage; the wage computed under this paragraph must meet the standards of compensation set out in the definition of "remunerative employability" under AS 23.20.041 (p) and meet the requirements of "gross hourly wages at the time of injury" under 8 AAC 45.490;

(4) determine an occupational goal for the employee;

(5) submit a job analysis of the occupational goal to a physician to predict whether the employee will have the permanent physical capacities to perform the physical demands of the job;

(6) submit a survey that for the employee's occupational goal documents employment opportunities in the labor market, as that term is defined by AS 23.30.041 (p)(3), that pay a wage that complies with this subsection;

(7) consider all of the options listed under AS 23.30.041 (i) before selecting the option that will return the employee to remunerative employability in the shortest possible time; and

(8) write a detailed reemployment plan, including

(A) the findings based on the documentation required under (1) - (7) of this subsection;

(B) the time frame for the employee's reemployment plan, to include the date the plan begins and the date the plan ends, with a total time frame not to exceed two years from the date of plan approval or the date of plan acceptance, whichever date occurs first;

(C) the cost of the plan, which may not exceed the statutory amount under AS 23.30.041 ( l ); and

(D) a finding explaining why the employee can be reasonably expected to satisfactorily complete the plan and perform in the new occupation within the time and cost limits of the plan.

(b) Within 90 days after the date of the employee's referral to the rehabilitation specialist for development of a reemployment plan, the rehabilitation specialist shall submit

(1) the plan

(A) to the employee and the employer for their review and signatures in accordance with AS 23.30.041 (j) indicating that the employee and employer have reviewed the plan and whether the employee and the employer agree or disagree with the plan; and

(B) signed by the specialist, the employee, and the employer, to the administrator in accordance with 8 AAC 45.500; or

(2) a report, together with medical documentation attached, that shows the employee's medical condition has changed since the start of efforts to develop the employee's reemployment plan, and that the employee is currently unable to participate in plan activities; the medical documentation required by this paragraph must also include an estimated date when efforts to develop the employee's reemployment plan can resume.

(c) If the employee and the employer fail to agree to the reemployment plan written under (a)(8) of this section, either party may request the administrator to review and approve the plan. Within 14 days after the administrator receives the plan for review, the administrator will

(1) approve the plan and notify the parties by certified mail;

(2) deny the plan and notify the parties by certified mail; or

(3) notify the parties that the plan is incomplete and request additional information from the parties before making a decision on the plan.

(d) If the administrator requests additional information, the administrator will make a decision within 14 days after the additional information is received, and notify the parties by certified mail.

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

Authority: AS 23.30.005

AS 23.30.041