8 AAC 45.530 - Determination on eligibility for reemployment benefits
(a) No later than
14 days after receiving a rehabilitation specialist's eligibility evaluation
report for an employee injured on or after July 1, 1988, the administrator
shall determine whether the employee is eligible or ineligible for reemployment
benefits, or that insufficient information exists to make a determination on
the employee's eligibility for reemployment benefits. The administrator shall
give the parties written notice by first class mail of the determination, the
reason for the determination, and how to request review by the board of the
determination.
(b) If the
administrator determines the eligibility evaluation is not in accordance with
8
AAC 45.525, or the information in the board's case
file is insufficient or does not support the eligibility recommendation, the
administrator
(1) may not decide the
employee's eligibility for reemployment benefits; and
(2) shall notify the employee, the employer,
or the rehabilitation specialist
(A) what
additional information is needed, who must submit the information, and the date
by which the information must be submitted so eligibility can be determined;
or
(B) that the administrator shall
reassign the employee to a new rehabilitation specialist in accordance with
8
AAC 45.430.
(c) If the administrator determines that the
employee is eligible for reemployment benefits, the administrator's notice must
(1) state that the employee either shall
elect reemployment benefits and select a rehabilitation specialist to assist in
formulating a plan or shall accept a job dislocation benefit; the employee's
election must be made no later than 30 days after the employee receives the
notice;
(2) be accompanied by
(A) a copy of the division's form for an
election to either receive reemployment benefits or waive reemployment benefits
and receive a job dislocation benefit instead; and
(B) a copy of the list maintained under
8
AAC 45.400 of rehabilitation specialists; under this
subparagraph, if the employee
(i) resides in
the state, the administrator shall send the list maintained under
8
AAC 45.400(b) (1) of rehabilitation
specialists in this state; or
(ii)
does not reside in the state, the administrator shall send a list maintained
under 8 AAC 45.400(b)
(2) of rehabilitation specialists nearest the
employee based on the geographic area; and
(3) inform the employee how to notify the
employer and administrator of either the election of a job dislocation benefit
or the name of the rehabilitation specialist selected to assist in the
formulation of a plan.
Notes
Authority:AS 23.30.005
AS 23.30.041
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