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CS FOR HOUSE BILL NO. 63(JUD)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY THE HOUSE JUDICIARY COMMITTEE
Offered: 2/2/24
Referred: Finance
Sponsor(s): REPRESENTATIVE RAUSCHER
A BILL
FOR AN ACT ENTITLED
"An Act repealing the Workers' Compensation Appeals Commission; relating to 1
decisions and orders of the Workers' Compensation Appeals Commission; relating to 2
superior court jurisdiction over appeals from Alaska Workers' Compensation Board 3
decisions; repealing Rules 201.1, 401.1, and 501.1, Alaska Rules of Appellate Procedure, 4
and amending Rules 202(a), 204(a) - (c), 210(e), 601(b), 602(c) and (h), and 603(a), 5
Alaska Rules of Appellate Procedure; and providing for an effective date." 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7
* Section 1. AS 23.30.005 is amended by adding a new subsection to read: 8
(n) The board, in its administrative capacity, shall make available, upon 9
request, the decisions and orders of the former Workers' Compensation Appeals 10
Commission. Unless reversed or modified by a court, decisions of the former Workers' 11
Compensation Appeals Commission have the force of legal precedent and shall stand 12
instead of the order of the board from which review was taken. 13 33-LS0388\B
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* Sec. 2. AS 23.30.107(b) is amended to read: 1
(b) Medical or rehabilitation records, and the employee's name, address, social 2
security number, electronic mail address, and telephone number contained on any 3
record, in an employee's file maintained by the division or held by the board [OR THE 4
COMMISSION] are not public records subject to public inspection and copying under 5
AS 40.25.100 - 40.25.295. This subsection does not prohibit 6
(1) the reemployment benefits administrator, the division, the board, 7
[THE COMMISSION,] or the department from releasing medical or rehabilitation 8
records in an employee's file, without the employee's consent, to a physician providing 9
medical services under AS 23.30.095(k) or 23.30.110(g), a party to a claim filed by 10
the employee, or a governmental agency; or 11
(2) the quoting or discussing of medical or rehabilitation records 12
contained in an employee's file during a hearing on a claim for compensation or in a 13
decision or order of the board [OR COMMISSION]. 14
* Sec. 3. AS 23.30.108(d) is amended to read: 15
(d) If the employee files a petition seeking a protective order to recover 16
medical and rehabilitation information that has been provided but is not related to the 17
employee's injury, and the board or the board's designee grants the protective order, 18
the board or the board's designee granting the protective order shall direct the division, 19
the board, [THE COMMISSION,] and the parties to return to the employee, as soon as 20
practicable following the issuance of the protective order, all medical and 21
rehabilitation information, including copies, in their possession that is unrelated to the 22
employee's injury under the protective order. 23
* Sec. 4. AS 23.30.108(e) is amended to read: 24
(e) If the board or the board's designee limits the medical or rehabilitation 25
information that may be used by the parties to a claim, either by an order on the record 26
or by issuing a written order, the division, the board, [THE COMMISSION,] and a 27
party to the claim may request and an employee shall provide or authorize the 28
production of medical or rehabilitation information only to the extent of the limitations 29
of the order. If information has been produced that is outside of the limits designated 30
in the order, the board or the board's designee shall direct the party in possession of 31 33-LS0388\B
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the information to return the information to the employee as soon as practicable 1
following the issuance of the order. 2
* Sec. 5. AS 23.30 is amended by adding a new section to read: 3
Sec. 23.30.126. Review of a board decision and order. (a) A decision and 4
order of the board becomes effective when filed in the office of the board under 5
AS 23.30.110. A decision and order of the board may be modified under AS 23.30.130 6
or reconsidered under AS 44.62.540. A party may seek review of a decision and order 7
of the board by filing with the superior court a notice of appeal under AS 44.62.560 or 8
a petition for review under the Alaska Rules of Appellate Procedure. 9
(b) A decision and order is not automatically stayed pending judicial review. 10
A court may order a stay, in whole or in part, if a party 11
(1) applies for a stay; 12
(2) files a supersedeas bond, if required, in conformance with the 13
Alaska Rules of Appellate Procedure; 14
(3) for a stay involving continuing future periodic compensation 15
payments, shows irreparable harm and the probability that the appeal will be decided 16
adversely to the recipient on the merits; and 17
(4) for a stay involving a lump sum compensation payment, shows 18
irreparable harm and serious and substantial questions regarding the merits of the case. 19
(c) A finding of fact made by the board as part of a decision and order shall be 20
conclusive for a reviewing court if supported by substantial evidence in light of the 21
whole record. To the extent that it does not conflict with the provisions of this chapter, 22
AS 44.62.570 applies to judicial review. 23
(d) The director may intervene in an appeal or petition for review. If a party is 24
not represented by an attorney and a compensation order concerns an unsettled 25
question of law, the director may file an appeal or petition for review to obtain a 26
ruling. 27
* Sec. 6. AS 23.30.155(f) is amended to read: 28
(f) If compensation payable under the terms of an award is not paid within 14 29
days after it becomes due, there shall be added to that unpaid compensation an amount 30
equal to 25 percent of the unpaid installment. The additional amount shall be paid at 31 33-LS0388\B
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the same time as, but in addition to, the compensation, unless there is a review of the 1
compensation order making the award as provided under AS 23.30.126 and a court 2
orders a stay of payments [AS 23.30.008 AND AN INTERLOCUTORY 3
INJUNCTION STAYING PAYMENTS IS ALLOWED BY THE COURT]. The 4
additional amount shall be paid directly to the recipient to whom the unpaid 5
compensation was to be paid. 6
* Sec. 7. AS 39.50.200(b)(31) is amended to read: 7
(31) Workers' Compensation Board (AS 23.30.005) [AND 8
WORKERS' COMPENSATION APPEALS COMMISSION (AS 23.30.007)]; 9
* Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 10
read: 11
REPEAL OF COURT RULES. Rules 201.1, 401.1, and 501.1, Alaska Rules of 12
Appellate Procedure, are repealed. 13
* Sec. 9. AS 23.30.007, 23.30.008, 23.30.009, 23.30.125, 23.30.127, 23.30.128, 23.30.129, 14
23.30.395(10); AS 39.25.110(40); AS 44.64.020(a)(12), and 44.64.020(a)(13) are repealed. 15
* Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 16
read: 17
INDIRECT COURT RULE AMENDMENTS. (a) The provisions of AS 23.30.126, 18
added by sec. 5 of this Act, and the repeals of AS 23.30.007, 23.30.008, 23.30.009, 23.30.125, 19
23.30.127, 23.30.128, and 23.30.129 in sec. 9 of this Act, have the effect of changing Rules 20
202(a), 204(a) - (c), 210(e), and 601(b), Alaska Rules of Appellate Procedure, by repealing 21
the Alaska Workers' Compensation Appeals Commission and providing that appeals and 22
petitions for review from decisions of the Alaska Workers' Compensation Board be brought in 23
superior court. 24
(b) AS 23.30.126, added by sec. 5 of this Act, has the effect of amending Rules 25
602(c) and (h), Alaska Rules of Appellate Procedure, by permitting the director of the 26
division of workers' compensation to file an appeal or petition for review in the superior court 27
under specified circumstances or intervene in an appeal or petition for review in the superior 28
court. 29
(c) AS 23.30.126, added by sec. 5 of this Act, has the effect of amending Rule 603(a), 30
Alaska Rules of Appellate Procedure, by establishing a standard for seeking a stay of 31 33-LS0388\B
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compensation payments in an appeal filed in the superior court from a final decision of the 1
Alaska Workers' Compensation Board. 2
* Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 3
read: 4
APPLICABILITY. (a) AS 23.30.005, 23.30.007, 23.30.008, 23.30.009, 23.30.107(b), 5
23.30.108(d), 23.30.108(e), 23.30.125, 23.30.127, 23.30.128, 23.30.129, 23.30.155(f), 6
23.30.395(10), AS 39.25.110(40), AS 39.50.200(b)(31), and AS 44.64.020(a)(12) and (13), as 7
those statutes read on the day before the effective date of this Act, continue to apply to 8
appeals, petitions for review, and other proceedings pending before the Workers' 9
Compensation Appeals Commission on or before December 1, 2024. Appeals, petitions for 10
review, and other proceedings under this subsection shall be continued in the Workers' 11
Compensation Appeals Commission on or before December 1, 2024. 12
(b) AS 23.30.126, added by sec. 5 of this Act, and AS 23.30.155(f), as amended by 13
sec. 6 of this Act, do not apply to appeals, petitions for review, or other proceedings under (a) 14
of this section. 15
(c) AS 23.30.129, as it read on the day before the effective date of this Act, applies to 16
appeals to the Alaska Supreme Court from final decisions of the Workers' Compensation 17
Appeals Commission issued on or before December 1, 2024, and to petitions for review from 18
interlocutory decisions of the Workers' Compensation Appeals Commission issued on or 19
before December 1, 2024. 20
* Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 21
read: 22
TRANSITIONAL PROVISIONS. (a) Appeals, petitions for review, and other 23
proceedings that seek review of decisions and orders of the Alaska Workers' Compensation 24
Board and that have not been filed before the Workers' Compensation Appeals Commission 25
before the effective date of this Act, shall be filed in the superior court on or after June 1, 26
2024, in accordance with AS 23.30.126, added by sec. 5 of this Act, and the filing deadlines 27
in AS 44.62.560 and Rule 602(a)(2), Alaska Rules of Appellate Procedure. 28
(b) A party seeking review of a final Workers' Compensation Appeals Commission 29
decision issued on or before December 1, 2024, shall file an appeal to the Alaska Supreme 30
Court under AS 23.30.129, and the Alaska Rules of Appellate Procedure, as that statute and
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those rules read on the day before the effective date of this Act. A party who seeks review of 1
an interlocutory decision of the Workers' Compensation Appeals Commission issued on or 2
before December 1, 2024, shall file a petition for review with the Alaska Supreme Court 3
under AS 23.30.129, and the Alaska Rules of Appellate Procedure, as that statute and those 4
rules read on the day before the effective date of this Act. Cases in which a party seeks review 5
of a final Alaska Workers' Compensation Board decision and order issued after a remand 6
from the Workers' Compensation Appeals Commission must be filed in the superior court on 7
or after June 1, 2024, in accordance with AS 23.30.126, added by sec. 5 of this Act. 8
(c) The power of the Workers' Compensation Appeals Commission to order 9
reconsideration under AS 23.30.128(f), as that section read on the day before the effective 10
date of this Act, expires on December 2, 2024. Requests for reconsideration pending before 11
the Workers' Compensation Appeals Commission shall be automatically denied on 12
December 2, 2024, and, notwithstanding AS 23.30.128(g), as that section read on the day 13
before the effective date of this Act, the decision of the Workers' Compensation Appeals 14
Commission becomes final on December 2, 2024. If the Workers' Compensation Appeals 15
Commission ordered reconsideration but did not issue a decision on reconsideration on or 16
before December 1, 2024, reconsideration shall be automatically denied on December 2, 17
2024, and, notwithstanding AS 23.30.128(g), as that section read on the day before the 18
effective date of this Act, the original decision of the Workers' Compensation Appeals 19
Commission becomes final on December 2, 2024. A party whose request for reconsideration 20
was denied under this subsection and who seeks further review shall file an appeal in the 21
Alaska Supreme Court under AS 23.30.129, as that section read on the day before the 22
effective date of this Act, and in accordance with the Alaska Rules of Appellate Procedure. 23
(d) On December 2, 2024, the Workers' Compensation Appeals Commission shall 24
transfer the files of all appeals, petitions for review, and other proceedings that were pending 25
before June 1, 2024, and were not completed on or before December 1, 2024, to the superior 26
court, which shall assume jurisdiction under AS 22.10.020, and Rules 604(b) and 609, Alaska 27
Rules of Appellate Procedure. The Workers' Compensation Appeals Commission shall 28
provide notice to all parties of record 30 days before it transfers a pending case, advising 29
parties of the transfer of jurisdiction and the effective date of the transfer. The Workers' 30
Compensation Appeals Commission shall prepare each record in accordance with Rule 31 33-LS0388\B
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604(b), Alaska Rules of Appellate Procedure, and mail or hand deliver the record in the 1
pending case to the superior court in the judicial district where the Alaska Workers' 2
Compensation Board issued the contested decision and order. If the superior court determines 3
that the record does not comply with Rule 604(b), Alaska Rules of Appellate Procedure, the 4
court may return the record to the Alaska Workers' Compensation Board and direct the Alaska 5
Workers' Compensation Board to conform the record as may be necessary. 6
* Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 7
read: 8
TRANSITION: TERMS OF COMMISSIONERS. Notwithstanding AS 23.30.007(e), 9
as repealed by sec. 9 of this Act, the terms of the members appointed to the Workers' 10
Compensation Appeals Commission expire December 31, 2024. 11
* Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 12
read: 13
CONDITIONAL EFFECT. This Act takes effect only if secs. 8 and 10 of this Act 14
receive the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of 15
the State of Alaska. 16
* Sec. 15. If this Act takes effect, it takes effect June 1, 2024. 17