8 AAC 45.900. Definitions.

(a) In this chapter

(1) "Act" means the Alaska Workers' Compensation Act, as amended, AS 23.30.005 - 23.30.270;

(2) "board" means any single three-member panel, or a quorum thereof, of the Alaska Workers' Compensation Board;

(3) "carrier" means an insurance carrier meeting the requirements of AS 23.30.025 with respect to authorization to provide insurance fulfilling the obligation of an employer to secure the payment of compensation under the Act;

(4) "chairman" means the commissioner or any person designated by the commissioner to preside as board chairman in a particular proceeding;

(5) "claim" includes any matter over which the board has jurisdiction;

(6) "commissioner" means the commissioner of the Department of Labor and Workforce Development;

(7) "department" means the Department of Labor and Workforce Development of the state;

(8) "division" means the division of workers' compensation within the administrative branch of the Department of Labor and Workforce Development;

(9) "effecting settlement" means the ability to timely pay all medical benefits and timely pay compensation in accordance with AS 23.30.155 ;

(10) "executive officer" means the president, vice-president, secretary, treasurer, or a corporate employee who is responsible for the corporation's affairs generally, has a close connection with the board of directors and other officers and who is specifically designated as an executive officer by the articles of incorporation or corporation bylaws;

(11) "Smallwood objection" means an objection to the introduction into evidence of written medical reports in place of direct testimony by a physician; see Commercial Union Insurance Companies v. Smallwood, 550 P.2d 1261 (Alaska 1976);

(12) "treating physician" means the physician designated by the employee as the person responsible for coordinating the medical treatment;

(13) "designee" means a person authorized by the board to act on the board's behalf or by the commissioner to act on the commissioner's behalf;

(14) "cleaning person" means a person who

(A) cleans only a personal dwelling unit, as opposed to business or commercial units;

(B) is hired directly by the owner or tenant entitled to occupy the personal dwelling unit being cleaned; and

(b) Repealed 12/14/86.

(1) "part-time help" means a person who on an intermittent, irregular, noncontinuous basis performs work which is either not an integral part of the regular business of the beneficiary of the work or which is not the regular business, profession, or occupation of the worker;

(2) "transient help" means a person who does not have a permanent work residence and who performs work which is not an integral part of the regular business of the beneficiary of the work.

(d) In AS 23.30.265 (15), "irregular bonus" means a payment received by the employee from the employer, to which there is no fixed right or entitlement under the employment agreement between employee and employer.

(e) For purposes of this chapter and AS 23.30.041 , "administrator" or "reemployment benefits administrator" means the person selected and employed under AS 23.30.041 (a) or that person's designee.

(f) For purposes of this chapter and AS 23.30.175 , "this state" and "the state" mean the State of Alaska.

(g) For purposes of AS 23.30.175 "the area," "other area" or "other areas" means a state or country other than the state of Alaska.

(h) For the purpose of AS 23.30.095 (k) "functional capacity" means an evaluation, for any purpose, of an employee's

(1) "physical capacities" as that term is defined in AS 23.30.041 (p)(4);

(2) ability to perform a job's "physical demands" as that term is defined in AS 23.30.041 (p)(5); or

(3) intellectual capacities and emotional condition.

History: Eff. 5/28/83, Register 86; am 12/14/86, Register 100; am 7/1/88, Register 107; am 3/16/90, Register 113; am 7/20/97, Register 143; am 7/2/98, Register 146

Authority: AS 23.30.005

Editor's note: As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.

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