8 AAC 45.040 - Parties
(a) Except for a
deceased employee's dependent or a rehabilitation specialist assigned by the
administrator or chosen by an employee in accordance with
AS
23.30.041(g)(1), or selected
by the administrator in accordance with
AS
23.30.043(b), a person other
than the employee filing a claim shall join the injured employee as a
party.
(b) Except for a
rehabilitation specialist assigned by the administrator or chosen by the
employee in accordance with
AS
23.30.041(g)(1), or selected
by the administrator in accordance with
AS
23.30.043(b), a person who
files a claim must first prove a compensable injury to be eligible for
benefits, or the opposing party must stipulate to or admit facts from which the
board can find the employee's injury is compensable.
(c) Any person who may have a right to relief
in respect to or arising out of the same transaction or series of transactions
should be joined as a party.
(d)
Any person against whom a right to relief may exist should be joined as a
party.
(e) In a death case, all
persons, except minor children, who may be dependents or beneficiaries of the
deceased employee, should either join or be joined as parties so the entire
liability of the employer or carrier to the dependents or beneficiaries is
determined in one proceeding. A minor child's claim must be filed by the
surviving parent or other authorized representative.
(f) Proceedings to join a person are begun by
(1) a party filing with the board a petition
to join the person and serving a copy of the petition, in accordance with
8
AAC 45.060, on the person to be joined and the other
parties; or
(2) the board or
designee serving a notice to join on all parties and the person to be
joined.
(g) A petition or
a notice to join must state the person will be joined as a party unless, within
20 days after service of the petition or notice, the person or a party files an
objection with the board and serves the objection on all parties. If the
petition or notice to join does not conform to this section, the person will
not be joined.
(h) If the person to
be joined or a party
(1) objects to the
joinder, an objection must be filed with the board and served on the parties
and the person to be joined within 20 days after service of the petition or
notice to join; or
(2) fails to
timely object in accordance with this subsection, the right to object to the
joinder is waived, and the person is joined without further board
action.
(i) If a claim
has not been filed against the person served with a petition or notice to join,
the person may object to being joined based on a defense that would bar the
employee's claim, if filed.
(j) In
determining whether to join a person, the board or designee will consider
(1) whether a timely objection was filed in
accordance with (h) of this section;
(2) whether the person's presence is
necessary for complete relief and due process among the parties;
(3) whether the person's absence may affect
the person's ability to protect an interest, or subject a party to a
substantial risk of incurring inconsistent obligations;
(4) whether a claim or petition was filed
against the person by the employee; and
(5) if a claim was not filed as described in
(4) of this subsection, whether a defense to a claim, if filed by the employee,
would bar the claim.
(k)
If claims are joined together, the board or designee will notify the parties
which case number is the master case number. After claims have been joined
together,
(1) a pleading or documentary
evidence filed by a party must list the master case number first and then all
the other case numbers;
(2) a
compensation report, controversion notice, or a notice under
AS
23.30.205(f) must list only
the case number assigned to the particular injury with the employer filing the
report or notice;
(3) documentary
evidence filed for one of the joined cases will be filed in the master case and
the evidence will be considered as part of the record in each of the joined
cases; and
(4) the original of the
board's decision and order will be filed in the master case file, and a copy of
the decision and order will be filed in each of the joined case
files.
(l) After the
board hears the joined cases and, if appropriate, the division will separate
the case files and will notify the parties. If the joined case files are
separated, a pleading or documentary evidence filed thereafter by a party must
list only the case number assigned to the particular injury with the employer
filing the pleading or documentary evidence.
Notes
Authority: AS 23.30.005
AS 23.30.010
AS 23.30.110
AS 23.30.135
AS 23.30.140
AS 23.30.225
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