8 AAC 45.050 - Pleadings
(a) A person may start a proceeding before
the board by filing a written claim or petition.
(b) For claims and petitions under this
subsection,
(1) a claim is a written request
for benefits, including compensation, attorney fees, costs, interest,
reemployment or rehabilitation benefits, rehabilitation specialist or provider
fees, or medical benefits under AS 23.30 that meet the requirements of (4) of
this subsection; the claim may be filed on a form provided by the board: in
this chapter, an application is a written claims;
(2) a petition is a written request for
action by the board other than a claim that meets the requirements of (8) of
this subsection; the petition may be filed on a form provided by the
board;
(3) parties must be
designated in accordance with
8
AAC 45.170;
(4) not later than 10 days after receiving a
completed claim in accordance with this paragraph, the board or its designee
will give notice that a claim has been filed by serving a copy of the claim by
certified mail, return receipt requested, upon the employer or other person who
may be an Interested party and, if the employer was not insured at the time of
the injury, upon the Alaska Workers' Compensation Benefits Guaranty Fund; the
board or its designee will not serve an incomplete claim and will return the
incomplete claim to the claimant; a complete claim must include
(A) the names and addresses of all parties,
the date of injury, and the general nature of the dispute between the parties;
and
(B) the signature of the
claimant or a claimant's representative;
(5) a separate claim must be filed for each
injury for which benefits are claimed regardless of whether the employer is the
same in each case; if a single incident injures two or more employees,
regardless of whether the employers are the same, two or more cases may be
consolidated for the purpose of taking evidence; a party may ask for
consolidation by filing a petition for and asking in writing for a prehearing,
or a designee may raise the issue at a prehearing; to consolidate cases at the
prehearing the designee must
(A) determine
the injuries or issues in the cases are similar or closely related;
(B) determine that hearing both cases
together would provide a speedier remedy; and
(C) state on the prehearing summary that the
cases are consolidated, and state which case number is the master case
number;
(6) for cases
that have been consolidated under (5) of this subsection,
(A) a pleading or documentary evidence filed
by a party must list the master case number first and then all the other
consolidated case numbers;
(B) 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;
(C) documentary
evidence filed for one of the consolidated cases will be filed in the master
case file; the evidence is part of the record in each of the consolidated
cases; and
(D) 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 consolidated case
files;
(7) after the
board hears consolidated cases, the division will separate the case files, if
appropriate, and will notify the parties; if the consolidated 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;
(8) except for a petition for a
self-insurance certificate or an executive officer waiver, a petition must be
signed by the petitioner or the petitioner's representative and include the
names and addresses of all parties, the date of injury, a description of the
general nature of the dispute between the parties, and proof of service of the
petition upon all parties; the board or its designee will not act on a petition
that does not meet the requirements of this paragraph and will return an
incomplete petition to the petitioner; a petition that alleges that a
disability has ended or an impairment has become permanent must include
(A) the dates for which compensation was
paid;
(B) the amount of
compensation paid to the employee;
(C) the date on which the petitioner claims
the disability ended or the impairment became permanent; and
(D) a completed medical summary on Form
07-6103.
(c)
For answers to claims and petitions under this subsection,
(1) an answer to a claim must be filed not
later than 20 days after the date of service of the claim and served upon all
parties; if an answer is not timely filed, default will not be entered, but
statements in the claim will be deemed admitted; however, failure of a party to
deny a fact alleged in a claim does not preclude the board from requiring proof
of the fact;
(2) an answer to a
petition must be filed not later than 20 days after the date of service of the
petition and served upon all parties;
(3) an answer must be simple in form and
language and state the admitted and disputed claims briefly and clearly so that
a lay person knows what proof will be required at the hearing and, when
applicable, state
(A) any reason why the
claim or dispute cannot be heard completely at the first hearing;
(B) whether the claim is barred under
AS
23.30.022,
23.30.100,
23.30.105,
23.30.110, or otherwise barred by
law or equity;
(C) whether the
injury was proximately caused by the employee's willful intent to injure or
kill any person;
(D) whether the
injury was proximately caused by the employee being intoxicated or being under
the influence of a drug or combination of drugs;
(E) whether the last injurious exposure rule
applies;
(F) whether the employee
has failed to minimize the disability, giving specifics of the
allegation;
(G) whether the
employee has been overpaid or paid at a different rate than that which is due;
and
(H) whether the employee's
compensation rate should be adjusted under
AS
23.30.175(b);
(4) a general denial is not an
answer;
(5) the evidence presented
at a hearing will be limited to those matters contained in the claim, petition,
and answer, except as otherwise provided in this chapter;
(6) upon either a verified petition of a
party or its own motion, the board may extend or postpone the time for filing
an answer or otherwise continue the proceedings under such terms as may be
reasonable.
(d) A reply
is a response to an answer. No party is required to file a reply. A party who
chooses to file a reply must file the reply not later than seven days after the
answer was served upon the parties.
(e) A pleading may be amended at any time
before award upon such terms as the board or its designee directs. If the
amendment arose out of the conduct, transaction, or occurrence set out or
attempted to be set out in the original pleading, the amendment relates back to
the date of the original pleading. An amendment changing the party against whom
a claim is asserted relates back if, additionally,
(1) within the period provided by
AS
23.30.105 for filing a claim, the party to be
brought in by amendment has received, under
AS
23.30.100, such notice of the injury that the
party will not be prejudiced in defending the claim; and
(2) the party to be joined by the amendment
knew or should have known that, but for a mistake concerning the identity of
the proper party, the action would have been brought against the
party.
(f) For
stipulations under this subsection,
(1) a
stipulation of facts signed by all parties may be filed if the parties agree
that there is no dispute as to any material fact and agree to the dismissal of
a filed claim or petition or the dismissal of a party; by filing a stipulation
of facts under this paragraph, the parties agree to the immediate filing of an
order based upon the stipulation of facts;
(2) stipulations between the parties may be
made in writing at any time before the close of the record or may be made
orally in the course of a hearing or a prehearing;
(3) stipulations of fact or to procedures are
binding upon the parties named in the stipulation and have the effect of an
order unless the board, for good cause, relieves a party from the terms of the
stipulation; a stipulation waiving an employee's right to benefits under AS
23.30 is not binding unless the stipulation is submitted in the form of an
agreed settlement, conforms to
AS
23.30.012 and
8
AAC 45.160, and is approved by the boards;
(4) not with standing any stipulation to the
contrary, the board may base its findings upon the facts as they appear from
the evidence, may cause further evidence or testimony to be taken, or may order
an investigation into the matter as prescribed by AS 23.30.
Notes
Authority:AS 23.30.005
AS 23.30.012
AS 23.30.022
AS 23.30.100
AS 23.30.105
AS 23.30.110
AS 23.30.135
AS 23.30.175
AS 23.30.190
AS 23.30.235
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