8 AAC 45.182 - Controversion
(a) To controvert a claim the employer shall
file form 07-6105 in accordance with
AS
23.30.155(a) and shall serve
a copy of the notice of controversion upon all parties in accordance with
8
AAC 45.060. This notice must be filed in addition to
the notice required under
AS
23.30.155(c) and
8
AAC 45.136.
(b) If a claim is controverted on the grounds
that another employer or insurer is liable, as well as on other grounds, the
board will, upon request under
AS
23.30.110 and
8
AAC 45.070, determine if the other grounds for
controversion are supported by the law or by evidence in the controverting
party's possession at the time the controversion was filed. If the law does not
support the controversion or if evidence to support the controversion was not
in the party's possession, the board will invalidate the controversion, and
will award additional compensation under
AS
23.30.155(e).
(c) If the most recent employer or insurer
does not pay in accordance with
AS
23.30.155(d), the board
will, in its discretion, award additional compensation under
AS
23.30.155(e) against the
most recent employer even though the board has not determined which employer or
insurer is liable. If additional compensation is awarded in accordance with
this subsection, the additional compensation may not be reimbursed under
AS
23.30.155(d) if the most
recent employer ultimately prevails on the liability dispute.
(d) After hearing a party's claim alleging an
insurer or self-insured employer frivolously or unfairly controverted
compensation due, the board will file a decision and order determining whether
an insurer or self-insured employer frivolously or unfairly controverted
compensation due. Under this subsection,
(1)
if the board determines an insurer frivolously or unfairly controverted
compensation due, the board will provide a copy of the decision and order at
the time of filing to the director for action under
AS
23.30.155(o); or
(2) if the board determines a self-insured
employer frivolously or unfairly controverted compensation due, the board will,
at the time its decision and order are filed, provide a copy of the decision
and order to the commissioner's designee for consideration in the self-insured
employer's renewal application for self-insurance.
(e) For purposes of this section, the term
"compensation due," and for purposes of
AS
23.30.155(o), the term
"compensation due under this chapter," are terms that mean the benefits sought
by the employee, including but not limited to disability, medical, and
reemployment benefits, and whether paid or unpaid at the time the controversion
was filed.
Notes
Authority:AS 23.30.005
AS 23.30.155
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