AK
Alaska House Bill HB63

Alaska 2023-2024 Regular Session

Alaska House Bill HB63 Compare Versions

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2-HB0063b -1- CSHB 63(JUD)
2+HB0063a -1- HB 63
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10-CS FOR HOUSE BILL NO. 63(JUD)
10+
11+ HOUSE BILL NO. 63
1112
1213 IN THE LEGISLATURE OF THE STATE OF ALASKA
1314
14-THIRTY-THIRD LEGISLATURE - SECOND SESSION
15+THIRTY-THIRD LEGISLATURE - FIRST SESSION
1516
16-BY THE HOUSE JUDICIARY COMMITTEE
17+BY REPRESENTATIVE RAUSCHER
1718
18-Offered: 2/2/24
19-Referred: Finance
19+Introduced: 2/6/23
20+Referred: Labor and Commerce, Judiciary
2021
21-Sponsor(s): REPRESENTATIVE RAUSCHER
22+
2223 A BILL
2324
2425 FOR AN ACT ENTITLED
2526
2627 "An Act repealing the Workers' Compensation Appeals Commission; relating to 1
2728 decisions and orders of the Workers' Compensation Appeals Commission; relating to 2
2829 superior court jurisdiction over appeals from Alaska Workers' Compensation Board 3
2930 decisions; repealing Rules 201.1, 401.1, and 501.1, Alaska Rules of Appellate Procedure, 4
3031 and amending Rules 202(a), 204(a) - (c), 210(e), 601(b), 602(c) and (h), and 603(a), 5
3132 Alaska Rules of Appellate Procedure; and providing for an effective date." 6
3233 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7
3334 * Section 1. AS 23.30.005 is amended by adding a new subsection to read: 8
3435 (n) The board, in its administrative capacity, shall make available, upon 9
3536 request, the decisions and orders of the former Workers' Compensation Appeals 10
3637 Commission. Unless reversed or modified by a court, decisions of the former Workers' 11
3738 Compensation Appeals Commission have the force of legal precedent and shall stand 12
38-instead of the order of the board from which review was taken. 13 33-LS0388\B
39-CSHB 63(JUD) -2- HB0063b
39+instead of the order of the board from which review was taken. 13 33-LS0388\A
40+HB 63 -2- HB0063a
4041 New Text Underlined [DELETED TEXT BRACKETED]
4142
4243 * Sec. 2. AS 23.30.107(b) is amended to read: 1
4344 (b) Medical or rehabilitation records, and the employee's name, address, social 2
4445 security number, electronic mail address, and telephone number contained on any 3
4546 record, in an employee's file maintained by the division or held by the board [OR THE 4
4647 COMMISSION] are not public records subject to public inspection and copying under 5
4748 AS 40.25.100 - 40.25.295. This subsection does not prohibit 6
4849 (1) the reemployment benefits administrator, the division, the board, 7
4950 [THE COMMISSION,] or the department from releasing medical or rehabilitation 8
5051 records in an employee's file, without the employee's consent, to a physician providing 9
5152 medical services under AS 23.30.095(k) or 23.30.110(g), a party to a claim filed by 10
5253 the employee, or a governmental agency; or 11
5354 (2) the quoting or discussing of medical or rehabilitation records 12
5455 contained in an employee's file during a hearing on a claim for compensation or in a 13
5556 decision or order of the board [OR COMMISSION]. 14
5657 * Sec. 3. AS 23.30.108(d) is amended to read: 15
5758 (d) If the employee files a petition seeking a protective order to recover 16
5859 medical and rehabilitation information that has been provided but is not related to the 17
5960 employee's injury, and the board or the board's designee grants the protective order, 18
6061 the board or the board's designee granting the protective order shall direct the division, 19
6162 the board, [THE COMMISSION,] and the parties to return to the employee, as soon as 20
6263 practicable following the issuance of the protective order, all medical and 21
6364 rehabilitation information, including copies, in their possession that is unrelated to the 22
6465 employee's injury under the protective order. 23
6566 * Sec. 4. AS 23.30.108(e) is amended to read: 24
6667 (e) If the board or the board's designee limits the medical or rehabilitation 25
6768 information that may be used by the parties to a claim, either by an order on the record 26
6869 or by issuing a written order, the division, the board, [THE COMMISSION,] and a 27
6970 party to the claim may request and an employee shall provide or authorize the 28
7071 production of medical or rehabilitation information only to the extent of the limitations 29
7172 of the order. If information has been produced that is outside of the limits designated 30
72-in the order, the board or the board's designee shall direct the party in possession of 31 33-LS0388\B
73-HB0063b -3- CSHB 63(JUD)
73+in the order, the board or the board's designee shall direct the party in possession of 31 33-LS0388\A
74+HB0063a -3- HB 63
7475 New Text Underlined [DELETED TEXT BRACKETED]
7576
7677 the information to return the information to the employee as soon as practicable 1
7778 following the issuance of the order. 2
7879 * Sec. 5. AS 23.30 is amended by adding a new section to read: 3
7980 Sec. 23.30.126. Review of a board decision and order. (a) A decision and 4
8081 order of the board becomes effective when filed in the office of the board under 5
8182 AS 23.30.110. A decision and order of the board may be modified under AS 23.30.130 6
8283 or reconsidered under AS 44.62.540. A party may seek review of a decision and order 7
8384 of the board by filing with the superior court a notice of appeal under AS 44.62.560 or 8
8485 a petition for review under the Alaska Rules of Appellate Procedure. 9
8586 (b) A decision and order is not automatically stayed pending judicial review. 10
8687 A court may order a stay, in whole or in part, if a party 11
8788 (1) applies for a stay; 12
8889 (2) files a supersedeas bond, if required, in conformance with the 13
8990 Alaska Rules of Appellate Procedure; 14
9091 (3) for a stay involving continuing future periodic compensation 15
9192 payments, shows irreparable harm and the probability that the appeal will be decided 16
9293 adversely to the recipient on the merits; and 17
9394 (4) for a stay involving a lump sum compensation payment, shows 18
9495 irreparable harm and serious and substantial questions regarding the merits of the case. 19
9596 (c) A finding of fact made by the board as part of a decision and order shall be 20
9697 conclusive for a reviewing court if supported by substantial evidence in light of the 21
9798 whole record. To the extent that it does not conflict with the provisions of this chapter, 22
9899 AS 44.62.570 applies to judicial review. 23
99100 (d) The director may intervene in an appeal or petition for review. If a party is 24
100101 not represented by an attorney and a compensation order concerns an unsettled 25
101102 question of law, the director may file an appeal or petition for review to obtain a 26
102103 ruling. 27
103104 * Sec. 6. AS 23.30.155(f) is amended to read: 28
104105 (f) If compensation payable under the terms of an award is not paid within 14 29
105106 days after it becomes due, there shall be added to that unpaid compensation an amount 30
106-equal to 25 percent of the unpaid installment. The additional amount shall be paid at 31 33-LS0388\B
107-CSHB 63(JUD) -4- HB0063b
107+equal to 25 percent of the unpaid installment. The additional amount shall be paid at 31 33-LS0388\A
108+HB 63 -4- HB0063a
108109 New Text Underlined [DELETED TEXT BRACKETED]
109110
110111 the same time as, but in addition to, the compensation, unless there is a review of the 1
111112 compensation order making the award as provided under AS 23.30.126 and a court 2
112113 orders a stay of payments [AS 23.30.008 AND AN INTERLOCUTORY 3
113114 INJUNCTION STAYING PAYMENTS IS ALLOWED BY THE COURT]. The 4
114115 additional amount shall be paid directly to the recipient to whom the unpaid 5
115116 compensation was to be paid. 6
116117 * Sec. 7. AS 39.50.200(b)(31) is amended to read: 7
117118 (31) Workers' Compensation Board (AS 23.30.005) [AND 8
118119 WORKERS' COMPENSATION APPEALS COMMISSION (AS 23.30.007)]; 9
119120 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 10
120121 read: 11
121122 REPEAL OF COURT RULES. Rules 201.1, 401.1, and 501.1, Alaska Rules of 12
122123 Appellate Procedure, are repealed. 13
123124 * 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
124125 23.30.395(10); AS 39.25.110(40); AS 44.64.020(a)(12), and 44.64.020(a)(13) are repealed. 15
125126 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 16
126127 read: 17
127128 INDIRECT COURT RULE AMENDMENTS. (a) The provisions of AS 23.30.126, 18
128129 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
129130 23.30.127, 23.30.128, and 23.30.129 in sec. 9 of this Act, have the effect of changing Rules 20
130131 202(a), 204(a) - (c), 210(e), and 601(b), Alaska Rules of Appellate Procedure, by repealing 21
131132 the Alaska Workers' Compensation Appeals Commission and providing that appeals and 22
132133 petitions for review from decisions of the Alaska Workers' Compensation Board be brought in 23
133134 superior court. 24
134135 (b) AS 23.30.126, added by sec. 5 of this Act, has the effect of amending Rules 25
135136 602(c) and (h), Alaska Rules of Appellate Procedure, by permitting the director of the 26
136137 division of workers' compensation to file an appeal or petition for review in the superior court 27
137138 under specified circumstances or intervene in an appeal or petition for review in the superior 28
138139 court. 29
139140 (c) AS 23.30.126, added by sec. 5 of this Act, has the effect of amending Rule 603(a), 30
140-Alaska Rules of Appellate Procedure, by establishing a standard for seeking a stay of 31 33-LS0388\B
141-HB0063b -5- CSHB 63(JUD)
141+Alaska Rules of Appellate Procedure, by establishing a standard for seeking a stay of 31 33-LS0388\A
142+HB0063a -5- HB 63
142143 New Text Underlined [DELETED TEXT BRACKETED]
143144
144145 compensation payments in an appeal filed in the superior court from a final decision of the 1
145146 Alaska Workers' Compensation Board. 2
146147 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 3
147148 read: 4
148149 APPLICABILITY. (a) AS 23.30.005, 23.30.007, 23.30.008, 23.30.009, 23.30.107(b), 5
149150 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
150151 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
151152 those statutes read on the day before the effective date of this Act, continue to apply to 8
152153 appeals, petitions for review, and other proceedings pending before the Workers' 9
153-Compensation Appeals Commission on or before December 1, 2024. Appeals, petitions for 10
154+Compensation Appeals Commission on or before December 1, 2023. Appeals, petitions for 10
154155 review, and other proceedings under this subsection shall be continued in the Workers' 11
155-Compensation Appeals Commission on or before December 1, 2024. 12
156+Compensation Appeals Commission on or before December 1, 2023. 12
156157 (b) AS 23.30.126, added by sec. 5 of this Act, and AS 23.30.155(f), as amended by 13
157158 sec. 6 of this Act, do not apply to appeals, petitions for review, or other proceedings under (a) 14
158159 of this section. 15
159160 (c) AS 23.30.129, as it read on the day before the effective date of this Act, applies to 16
160161 appeals to the Alaska Supreme Court from final decisions of the Workers' Compensation 17
161-Appeals Commission issued on or before December 1, 2024, and to petitions for review from 18
162+Appeals Commission issued on or before December 1, 2023, and to petitions for review from 18
162163 interlocutory decisions of the Workers' Compensation Appeals Commission issued on or 19
163-before December 1, 2024. 20
164+before December 1, 2023. 20
164165 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 21
165166 read: 22
166167 TRANSITIONAL PROVISIONS. (a) Appeals, petitions for review, and other 23
167168 proceedings that seek review of decisions and orders of the Alaska Workers' Compensation 24
168169 Board and that have not been filed before the Workers' Compensation Appeals Commission 25
169170 before the effective date of this Act, shall be filed in the superior court on or after June 1, 26
170-2024, in accordance with AS 23.30.126, added by sec. 5 of this Act, and the filing deadlines 27
171+2023, in accordance with AS 23.30.126, added by sec. 5 of this Act, and the filing deadlines 27
171172 in AS 44.62.560 and Rule 602(a)(2), Alaska Rules of Appellate Procedure. 28
172173 (b) A party seeking review of a final Workers' Compensation Appeals Commission 29
173-decision issued on or before December 1, 2024, shall file an appeal to the Alaska Supreme 30
174+decision issued on or before December 1, 2023, shall file an appeal to the Alaska Supreme 30
174175 Court under AS 23.30.129, and the Alaska Rules of Appellate Procedure, as that statute and
175-31 33-LS0388\B
176-CSHB 63(JUD) -6- HB0063b
176+31 33-LS0388\A
177+HB 63 -6- HB0063a
177178 New Text Underlined [DELETED TEXT BRACKETED]
178179
179180 those rules read on the day before the effective date of this Act. A party who seeks review of 1
180181 an interlocutory decision of the Workers' Compensation Appeals Commission issued on or 2
181-before December 1, 2024, shall file a petition for review with the Alaska Supreme Court 3
182+before December 1, 2023, shall file a petition for review with the Alaska Supreme Court 3
182183 under AS 23.30.129, and the Alaska Rules of Appellate Procedure, as that statute and those 4
183184 rules read on the day before the effective date of this Act. Cases in which a party seeks review 5
184185 of a final Alaska Workers' Compensation Board decision and order issued after a remand 6
185186 from the Workers' Compensation Appeals Commission must be filed in the superior court on 7
186-or after June 1, 2024, in accordance with AS 23.30.126, added by sec. 5 of this Act. 8
187+or after June 1, 2023, in accordance with AS 23.30.126, added by sec. 5 of this Act. 8
187188 (c) The power of the Workers' Compensation Appeals Commission to order 9
188189 reconsideration under AS 23.30.128(f), as that section read on the day before the effective 10
189-date of this Act, expires on December 2, 2024. Requests for reconsideration pending before 11
190+date of this Act, expires on December 2, 2023. Requests for reconsideration pending before 11
190191 the Workers' Compensation Appeals Commission shall be automatically denied on 12
191-December 2, 2024, and, notwithstanding AS 23.30.128(g), as that section read on the day 13
192+December 2, 2023, and, notwithstanding AS 23.30.128(g), as that section read on the day 13
192193 before the effective date of this Act, the decision of the Workers' Compensation Appeals 14
193-Commission becomes final on December 2, 2024. If the Workers' Compensation Appeals 15
194+Commission becomes final on December 2, 2023. If the Workers' Compensation Appeals 15
194195 Commission ordered reconsideration but did not issue a decision on reconsideration on or 16
195-before December 1, 2024, reconsideration shall be automatically denied on December 2, 17
196-2024, and, notwithstanding AS 23.30.128(g), as that section read on the day before the 18
196+before December 1, 2023, reconsideration shall be automatically denied on December 2, 17
197+2023, and, notwithstanding AS 23.30.128(g), as that section read on the day before the 18
197198 effective date of this Act, the original decision of the Workers' Compensation Appeals 19
198-Commission becomes final on December 2, 2024. A party whose request for reconsideration 20
199+Commission becomes final on December 2, 2023. A party whose request for reconsideration 20
199200 was denied under this subsection and who seeks further review shall file an appeal in the 21
200201 Alaska Supreme Court under AS 23.30.129, as that section read on the day before the 22
201202 effective date of this Act, and in accordance with the Alaska Rules of Appellate Procedure. 23
202-(d) On December 2, 2024, the Workers' Compensation Appeals Commission shall 24
203+(d) On December 2, 2023, the Workers' Compensation Appeals Commission shall 24
203204 transfer the files of all appeals, petitions for review, and other proceedings that were pending 25
204-before June 1, 2024, and were not completed on or before December 1, 2024, to the superior 26
205+before June 1, 2023, and were not completed on or before December 1, 2023, to the superior 26
205206 court, which shall assume jurisdiction under AS 22.10.020, and Rules 604(b) and 609, Alaska 27
206207 Rules of Appellate Procedure. The Workers' Compensation Appeals Commission shall 28
207208 provide notice to all parties of record 30 days before it transfers a pending case, advising 29
208209 parties of the transfer of jurisdiction and the effective date of the transfer. The Workers' 30
209-Compensation Appeals Commission shall prepare each record in accordance with Rule 31 33-LS0388\B
210-HB0063b -7- CSHB 63(JUD)
210+Compensation Appeals Commission shall prepare each record in accordance with Rule 31 33-LS0388\A
211+HB0063a -7- HB 63
211212 New Text Underlined [DELETED TEXT BRACKETED]
212213
213214 604(b), Alaska Rules of Appellate Procedure, and mail or hand deliver the record in the 1
214215 pending case to the superior court in the judicial district where the Alaska Workers' 2
215216 Compensation Board issued the contested decision and order. If the superior court determines 3
216217 that the record does not comply with Rule 604(b), Alaska Rules of Appellate Procedure, the 4
217218 court may return the record to the Alaska Workers' Compensation Board and direct the Alaska 5
218219 Workers' Compensation Board to conform the record as may be necessary. 6
219220 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 7
220221 read: 8
221222 TRANSITION: TERMS OF COMMISSIONERS. Notwithstanding AS 23.30.007(e), 9
222223 as repealed by sec. 9 of this Act, the terms of the members appointed to the Workers' 10
223-Compensation Appeals Commission expire December 31, 2024. 11
224+Compensation Appeals Commission expire December 31, 2023. 11
224225 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 12
225226 read: 13
226227 CONDITIONAL EFFECT. This Act takes effect only if secs. 8 and 10 of this Act 14
227228 receive the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of 15
228229 the State of Alaska. 16
229- * Sec. 15. If this Act takes effect, it takes effect June 1, 2024. 17
230+ * Sec. 15. If this Act takes effect, it takes effect June 1, 2023. 17