8 AAC 45.522 - Ordering an eligibility evaluation without a request

(a) For injuries occurring on or after November 7, 2005, if an employee has been totally unable to return to the employee's employment at time of injury for 90 consecutive days as a result of the injury, the administrator shall refer the employee for an eligibility evaluation, unless the employer controverts on grounds identified under AS 23.30.022, 23.30.100, 23.30.105, and 23.30.250, or 8 AAC 45.510(b). If reemployment benefits have been controverted on any of these grounds, the administrator shall forward the matter to the board to conduct a prehearing conference and hold a hearing in accordance with 8 AAC 45.510(b).

(b) If a controversion notice has not been filed under (a) of this section, the administrator shall, no later than five working days after notice received under 8 AAC 45.507(b), send a letter to the parties identifying the name and address of the rehabilitation specialist selected in accordance with AS 23.30.041(c) to evaluate the employee.

(c) If the rehabilitation specialist assigned to complete an eligibility evaluation is performing any other work on the same workers' compensation claim involving the injured employee, or if the person that employs an assigned rehabilitation specialist is performing any other work on the same workers' compensation claim involving the injured employee, the rehabilitation specialist shall notify, in writing, the administrator and the parties no later than five working days after receiving the referral letter. The administrator shall select a different rehabilitation specialist in accordance with AS 23.30.041(c) to evaluate the employee.

(d) No later than 10 working days after receipt of the administrator's letter selecting a rehabilitation specialist, the employer at the time of injury or the employer's adjuster shall forward a copy of the employee's resume and job application, and a job description or summary of the employee's job duties, if available, to the rehabilitation specialist, the employee, and the administrator. The employer or employer's adjuster shall also forward a copy of the report of injury and all medical reports, compensation reports, and controversions to the rehabilitation specialist, the employee, and the administrator.

Notes

8 AAC 45.522

Eff. 7/9/2011, Register 199

Authority:AS 23.30.005

AS 23.30.041