Alaska 2023-2024 Regular Session

Alaska Senate Bill SB147 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled SB 147
2		-	LAWS OF ALASKA
3	1
4		-	2024
	2	+	SB0147c -1- HCS CSSB 147(L&C)
	3	+	New Text Underlined [DELETED TEXT BRACKETED]
5	4
6		-
7		-
8		-	Source Chapter No.
9		-	HCS CSSB 147(L&C) am H _______
	5	+	33-LS0799\U
10	6
11	7
12	8
13	9
14		-	~~AN ACT~~
	10	+	HOUSE CS FOR CS FOR SENATE BILL NO. 147(L&C)
15	11
16		-	Relating to workers' compensation reemployment rights and benefits; establishing a workers'
17		-	compensation stay-at-work program; relating to the workers' compensation benefits guaranty
18		-	fund; relating to the presumption of compensability for workers' compensation claims related
19		-	to post-traumatic stress disorder; relating to the Alaska senior benefits payment program; and
20		-	providing for an effective date.
	12	+	IN THE LEGISLATURE OF THE STATE OF ALASKA
21	13
	14	+	THIRTY-THIRD LEGISLATURE - SECOND SESSION
22	15
23		-	~~_______________~~
	16	+	BY THE HOUSE LABOR AND COMMERCE COMMITTEE
24	17
	18	+	Offered: 5/11/24
	19	+	Referred: Rules
25	20
26		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
	21	+	Sponsor(s): SENATORS KAUFMAN, Bjorkman, Gray-Jackson
	22	+	A BILL
27	23
	24	+	FOR AN ACT ENTITLED
28	25
	26	+	"An Act relating to reemployment rights and benefits; and providing for an effective 1
	27	+	date." 2
	28	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
	29	+	* Section 1. AS 23.30.041(b) is amended to read: 4
	30	+	(b) The administrator shall 5
	31	+	(1) enforce regulations adopted by the board to implement this section; 6
	32	+	(2) recommend regulations for adoption by the board that establish 7
	33	+	performance and reporting criteria for rehabilitation specialists; 8
	34	+	(3) enforce the quality and effectiveness of reemployment benefits 9
	35	+	provided for under this section; 10
	36	+	(4) review on an annual basis the performance of rehabilitation 11
	37	+	specialists to determine continued eligibility for delivery of rehabilitation services; 12
	38	+	(5) submit to the department, on or before October 1 [MAY 1] of each
	39	+	13
	40	+	year, a report of reemployment benefits provided under this section for the previous 14 33-LS0799\U
	41	+	HCS CSSB 147(L&C) -2- SB0147c
	42	+	New Text Underlined [DELETED TEXT BRACKETED]
29	43
30		-	THE ACT FOLLOWS ON PAGE 1
31		-	-1- Enrolled SB 147
	44	+	calendar year; the report must include a general section, sections related to each 1
	45	+	rehabilitation specialist employed under this section, and a statistical summary of all 2
	46	+	rehabilitation cases, including 3
	47	+	(A) the estimated and actual cost of each active rehabilitation 4
	48	+	plan; 5
	49	+	(B) the estimated and actual time of each rehabilitation plan; 6
	50	+	(C) a status report on all individuals requesting, waiving, 7
	51	+	beginning, completing, or terminating a reemployment benefits program 8
	52	+	including 9
	53	+	(i) reasons for denial, waiver, suspension, or 10
	54	+	termination; 11
	55	+	(ii) dates of completion and return to work; and 12
	56	+	(iii) other information required by the director; 13
	57	+	(D) the cost of reemployment benefits; 14
	58	+	(E) status reports of all individuals who successfully completed 15
	59	+	a reemployment plan that includes 16
	60	+	(i) the plan's occupational goal and whether the 17
	61	+	individual obtained work after completion in the planned or another 18
	62	+	occupation; and 19
	63	+	(ii) the individual's employment status six months, one 20
	64	+	year, and two years after reemployment plan completion; 21
	65	+	(6) maintain a list of rehabilitation specialists who meet the 22
	66	+	qualifications established under this section; 23
	67	+	(7) promote awareness among physicians, adjusters, injured workers, 24
	68	+	employers, employees, attorneys, training providers, and rehabilitation specialists of 25
	69	+	the reemployment program established in this subsection. 26
	70	+	* Sec. 2. AS 23.30.041(c) is amended to read: 27
	71	+	(c) An employee and an employer may stipulate to the employee's eligibility 28
	72	+	for reemployment benefits at any time. If an employee suffers a compensable injury 29
	73	+	and, as a result of the injury, the employee is totally unable, for 45 consecutive days, 30
	74	+	to return to the employee's employment at the time of injury, the administrator shall 31 33-LS0799\U
	75	+	SB0147c -3- HCS CSSB 147(L&C)
	76	+	New Text Underlined [DELETED TEXT BRACKETED]
32	77
	78	+	notify the employee of the employee's rights under this section within 14 days after the 1
	79	+	45th day. If the employee is totally unable to return to the employee's employment for 2
	80	+	60 consecutive days as a result of the injury, the employee or employer may request an 3
	81	+	eligibility evaluation. The administrator may approve the request if the employee's 4
	82	+	injury may permanently preclude the employee's return to the employee's occupation 5
	83	+	at the time of the injury. If the employee is totally unable to return to the 6
	84	+	employee's employment at the time of the injury for 90 consecutive days as a 7
	85	+	result of the injury, the administrator may, without a request, order an eligibility 8
	86	+	evaluation unless a stipulation of eligibility was submitted. If the employee is 9
	87	+	totally unable to return to the employee's employment at the time of the injury for 120 10
	88	+	[90] consecutive days as a result of the injury, the administrator shall, without a 11
	89	+	request, order an eligibility evaluation unless a stipulation of eligibility was submitted. 12
	90	+	If the administrator approves a request or orders an evaluation, the administrator shall, 13
	91	+	on a rotating and geographic basis, select a rehabilitation specialist from the list 14
	92	+	maintained under (b)(6) of this section to perform the eligibility evaluation. If the 15
	93	+	person that employs a rehabilitation specialist selected by the administrator to perform 16
	94	+	an eligibility evaluation under this subsection is performing any other work on the 17
	95	+	same workers' compensation claim involving the injured employee, the administrator 18
	96	+	shall select a different rehabilitation specialist. 19
	97	+	* Sec. 3. AS 23.30.041(d) is amended to read: 20
	98	+	(d) Within 60 [30] days after the referral by the administrator, the 21
	99	+	rehabilitation specialist shall perform the eligibility evaluation and issue a report of 22
	100	+	findings. [THE ADMINISTRATOR MAY GRANT UP TO AN ADDITIONAL 30 23
	101	+	DAYS FOR PERFORMANCE OF THE ELIGIBILITY EVALUATION UPON 24
	102	+	NOTIFICATION OF UNUSUAL AND EXTENUATING CIRCUMSTANCES AND 25
	103	+	THE REHABILITATION SPECIALIST'S REQUEST.] Within 14 days after receipt 26
	104	+	of the report from the rehabilitation specialist, the administrator shall notify the parties 27
	105	+	of the employee's eligibility for reemployment preparation benefits. Within 10 days 28
	106	+	after the decision, either party may seek review of the decision by requesting a hearing 29
	107	+	under AS 23.30.110. The hearing shall be held within 30 days after the hearing [IT] is 30
	108	+	requested. The board shall uphold the decision of the administrator except for abuse of 31 33-LS0799\U
	109	+	HCS CSSB 147(L&C) -4- SB0147c
	110	+	New Text Underlined [DELETED TEXT BRACKETED]
33	111
	112	+	discretion on the administrator's part. 1
	113	+	* Sec. 4. AS 23.30.041(e) is amended to read: 2
	114	+	(e) An employee shall be eligible for benefits under this section upon the 3
	115	+	employee's written request and by having a physician predict that the employee will 4
	116	+	have permanent physical capacities that are less than the physical demands of the 5
	117	+	employee's job as described in the job analysis obtained from the most recent 6
	118	+	version of the Occupational Information Network database published by the 7
	119	+	United States Department of Labor, Employment and Training Administration, 8
	120	+	[1993 EDITION OF THE UNITED STATES DEPARTMENT OF LABOR'S 9
	121	+	"SELECTED CHARACTERISTICS OF OCCUPATIONS DEFINED IN THE 10
	122	+	REVISED DICTIONARY OF OCCUPATIONAL TITLES"] for 11
	123	+	(1) the employee's job at the time of injury; or 12
	124	+	(2) other jobs that exist in the labor market that the employee has held 13
	125	+	or received training for within 10 years before the injury or that the employee has held 14
	126	+	following the injury for a period long enough to obtain the skills to compete in the 15
	127	+	labor market. [, ACCORDING TO SPECIFIC VOCATIONAL PREPARATION 16
	128	+	CODES AS DESCRIBED IN THE 1993 EDITION OF THE UNITED STATES 17
	129	+	DEPARTMENT OF LABOR'S "SELECTED CHARACTERISTICS OF 18
	130	+	OCCUPATIONS DEFINED IN THE REVISED DICTIONARY OF 19
	131	+	OCCUPATIONAL TITLES."] 20
	132	+	* Sec. 5. AS 23.30.041(h) is amended to read: 21
	133	+	(h) Within 90 days after the rehabilitation specialist is selected or assigned 22
	134	+	[SPECIALIST'S SELECTION] under (g) of this section, the rehabilitation specialist 23
	135	+	shall prepare and provide to the employee and employer a comple te 24
	136	+	reemployment plan [MUST BE FORMULATED AND APPROVED]. The 25
	137	+	reemployment plan must require continuous participation by the employee and must 26
	138	+	maximize the usage of the employee's transferrable skills. The reemployment plan 27
	139	+	must include at least the following: 28
	140	+	(1) a determination of the occupational goal in the labor market; 29
	141	+	(2) an inventory of the employee's technical skills, transferrable skills, 30
	142	+	physical and intellectual capacities, academic achievement, emotional condition, and 31 33-LS0799\U
	143	+	SB0147c -5- HCS CSSB 147(L&C)
	144	+	New Text Underlined [DELETED TEXT BRACKETED]
34	145
	146	+	family support; 1
	147	+	(3) a plan to acquire the occupational skills to be employable; the plan 2
	148	+	must consider use of training and employment services offered by the 3
	149	+	Department of Labor and Workforce Development under AS 23.15; 4
	150	+	(4) the cost estimate of the reemployment plan, including 5
	151	+	(A) provider fees 6
	152	+	(B) [; AND THE COST OF] tuition; 7
	153	+	(C) [,] books; 8
	154	+	(D) [,] tools [,] and supplies; 9
	155	+	(E) [,] transportation; 10
	156	+	(F) [,] temporary lodging; 11
	157	+	(G) [, OR] job modification devices; and 12
	158	+	(H) job search and job placement activities; 13
	159	+	(5) the estimated length of time that the plan will take; 14
	160	+	(6) the date that the plan will commence; 15
	161	+	(7) the estimated time of medical stability as predicted by a treating 16
	162	+	physician or by a physician who has examined the employee at the request of the 17
	163	+	employer or the board, or by referral of the treating physician; 18
	164	+	(8) a detailed description and plan schedule; 19
	165	+	(9) a finding by the rehabilitation specialist that the inventory under (2) 20
	166	+	of this subsection indicates that the employee can be reasonably expected to 21
	167	+	satisfactorily complete the plan and perform in a new occupation within the time and 22
	168	+	cost limitations of the plan; and 23
	169	+	(10) a provision requiring that, after a person has been assigned to 24
	170	+	perform medical management services for an injured employee, the person shall send 25
	171	+	written notice to the employee, the employer, and the employee's physician explaining 26
	172	+	in what capacity the person is employed, whom the person represents, and the scope of 27
	173	+	the services to be provided. 28
	174	+	* Sec. 6. AS 23.30.041(j) is amended to read: 29
	175	+	(j) The rehabilitation specialist shall serve the reemployment plan on the 30
	176	+	employee and employer. If the employee and employer agree to the plan, the 31 33-LS0799\U
	177	+	HCS CSSB 147(L&C) -6- SB0147c
	178	+	New Text Underlined [DELETED TEXT BRACKETED]
35	179
	180	+	[THE] employee, rehabilitation specialist, and the employer shall sign the 1
	181	+	reemployment benefits plan. If the employer and employee fail to agree on a 2
	182	+	reemployment plan, either party may submit a reemployment plan for approval to the 3
	183	+	administrator not later than 90 days after the date of service of the reemployment 4
	184	+	plan on the employee and employer. The plan must ensure remunerative 5
	185	+	employability. The [; THE] administrator shall approve or deny a plan submitted 6
	186	+	under this subsection within 14 days after the plan is submitted. Within [; WITHIN] 7
	187	+	10 days after [OF] the decision, either party may seek review of the decision by 8
	188	+	requesting a hearing under AS 23.30.110. The [; THE] board shall 9
	189	+	(1) uphold the decision of the administrator unless evidence is 10
	190	+	submitted supporting an allegation of abuse of discretion on the part of the 11
	191	+	administrator; and 12
	192	+	(2) [THE BOARD SHALL] render a decision within 30 days after 13
	193	+	completion of the hearing. 14
	194	+	* Sec. 7. AS 23.30.041(l) is amended to read: 15
	195	+	(l) The cost of the reemployment plan incurred under this section shall be the 16
	196	+	responsibility of the employer, shall be paid on an expense incurred basis, and may not 17
	197	+	exceed $22,150. The department shall, by regulation and not less than once every 18
	198	+	five years, adjust the cost limit set out in this subsection to account for inflation 19
	199	+	[$13,300]. 20
	200	+	* Sec. 8. AS 23.30.041 is amended by adding a new subsection to read: 21
	201	+	(s) In addition to the benefits provided to an employee under a reemployment 22
	202	+	plan prepared under this section, an employee who elects to use reemployment 23
	203	+	benefits under this section is entitled to payment by the employer of costs incurred for 24
	204	+	specialized job modification devices or services and reasonable travel and relocation 25
	205	+	expenses associated with searching for new employment, returning to work in a new 26
	206	+	location, and attendance at an on-the-job training program. The employer shall pay the 27
	207	+	cost of the additional benefits incurred under this subsection on an expense incurred 28
	208	+	basis. The cost of the additional benefits incurred under this subsection may not 29
	209	+	exceed $4,000, and may not, when combined with the cost of the reemployment plan 30
	210	+	incurred under this section, exceed the cost limit set out in (l) of this section. 31 33-LS0799\U
	211	+	SB0147c -7- HCS CSSB 147(L&C)
	212	+	New Text Underlined [DELETED TEXT BRACKETED]
36	213
37		-
38		-
39		-
40		-
41		-
42		-
43		-
44		-
45		-
46		-
47		-
48		-
49		-
50		-
51		-
52		-
53		-	AN ACT
54		-
55		-
56		-	Relating to workers' compensation reemployment rights and benefits; establishing a workers' 1
57		-	compensation stay-at-work program; relating to the workers' compensation benefits guaranty 2
58		-	fund; relating to the presumption of compensability for workers' compensation claims related 3
59		-	to post-traumatic stress disorder; relating to the Alaska senior benefits payment program; and 4
60		-	providing for an effective date. 5
61		-	_______________ 6
62		-	* Section 1. AS 23.30.005(h) is amended to read: 7
63		-	(h) The department shall adopt rules for all panels [,] and procedures for the 8
64		-	periodic selection, retention, and removal of both rehabilitation specialists and 9
65		-	physicians under AS 23.30.041, 23.30.043, and 23.30.095, and shall adopt regulations
66		-	10
67		-	to carry out the provisions of this chapter. The department may by regulation provide 11
68		-	for procedural, discovery, or stipulated matters to be heard and decided by the 12
69		-	commissioner or a hearing officer designated to represent the commissioner rather 13
70		-	Enrolled SB 147 -2-
71		-	than a panel. If a procedural, discovery, or stipulated matter is heard and decided by 1
72		-	the commissioner or a hearing officer designated to represent the commissioner, the 2
73		-	action taken is considered the action of the full board on that aspect of the claim. 3
74		-	Process and procedure under this chapter shall be as summary and simple as possible. 4
75		-	The department, the board, or a member of it may for the purposes of this chapter 5
76		-	subpoena witnesses, administer or cause to be administered oaths, and [MAY] 6
77		-	examine or cause to have examined the parts of the books and records of the parties to 7
78		-	a proceeding that relate to questions in dispute. The superior court, on application of 8
79		-	the department, the board, or any members of it, shall enforce the attendance and 9
80		-	testimony of witnesses and the production and examination of books, papers, and 10
81		-	records. 11
82		-	* Sec. 2 AS 23.30.041(b) is amended to read: 12
83		-	(b) The administrator shall 13
84		-	(1) enforce regulations adopted by the board to implement this section; 14
85		-	(2) recommend regulations for adoption by the board that establish 15
86		-	performance and reporting criteria for rehabilitation specialists; 16
87		-	(3) enforce the quality and effectiveness of reemployment benefits 17
88		-	provided for under this section; 18
89		-	(4) review on an annual basis the performance of rehabilitation 19
90		-	specialists to determine continued eligibility for delivery of rehabilitation services; 20
91		-	(5) submit to the department, on or before October 1 [MAY 1] of each 21
92		-	year, a report of reemployment benefits provided under this section for the previous 22
93		-	calendar year; the report must include a general section, sections related to each 23
94		-	rehabilitation specialist employed under this section, and a statistical summary of all 24
95		-	rehabilitation cases, including 25
96		-	(A) the estimated and actual cost of each active rehabilitation 26
97		-	plan; 27
98		-	(B) the estimated and actual time of each rehabilitation plan; 28
99		-	(C) a status report on all individuals requesting, waiving, 29
100		-	beginning, completing, or terminating a reemployment benefits program 30
101		-	including 31
102		-	-3- Enrolled SB 147
103		-	(i) reasons for denial, waiver, suspension, or 1
104		-	termination; 2
105		-	(ii) dates of completion and return to work; and 3
106		-	(iii) other information required by the director; 4
107		-	(D) the cost of reemployment benefits; 5
108		-	(E) status reports of all individuals who successfully completed 6
109		-	a reemployment plan that includes 7
110		-	(i) the plan's occupational goal and whether the 8
111		-	individual obtained work after completion in the planned or another 9
112		-	occupation; and 10
113		-	(ii) the individual's employment status six months, one 11
114		-	year, and two years after reemployment plan completion; 12
115		-	(6) maintain a list of rehabilitation specialists who meet the 13
116		-	qualifications established under this section; 14
117		-	(7) promote awareness among physicians, adjusters, injured workers, 15
118		-	employers, employees, attorneys, training providers, and rehabilitation specialists of 16
119		-	the reemployment program established in this subsection; 17
120		-	(8) submit to the department, on or before October 1 of each year, 18
121		-	a report of stay-at-work benefits provided under AS 23.30.043 for the previous 19
122		-	calendar year; the report must include a general section, sections related to each 20
123		-	rehabilitation specialist employed under AS 23.30.043, and a statistical summary 21
124		-	of all stay-at-work cases, including 22
125		-	(A) the estimated and actual cost of each active stay-at-23
126		-	work plan; 24
127		-	(B) the estimated and actual time of each stay-at-work 25
128		-	plan; 26
129		-	(C) a status report on all individuals requesting, beginning, 27
130		-	completing, or terminating a stay-at-work plan, including 28
131		-	(i) reasons for denial or termination; 29
132		-	(ii) dates of completion and return to work; and 30
133		-	(iii) other information required by the director; 31
134		-	Enrolled SB 147 -4-
135		-	(D) the cost of stay-at-work benefits; 1
136		-	(E) status reports of all individuals who successfully 2
137		-	completed a stay-at-work plan that includes 3
138		-	(i) the plan's occupational goal and whether the 4
139		-	individual returned to work after completion of the stay-at-work 5
140		-	plan; and 6
141		-	(ii) the individual's employment status six months, 7
142		-	one year, and two years after stay-at-work plan completion. 8
143		-	* Sec. 3. AS 23.30.041(c) is amended to read: 9
144		-	(c) An employee and an employer may stipulate to the employee's eligibility 10
145		-	for reemployment benefits at any time. If an employee suffers a compensable injury 11
146		-	and, as a result of the injury, the employee is totally unable, for 25 [45] consecutive 12
147		-	days, to return to the employee's employment at the time of injury, the administrator 13
148		-	shall notify the employee of the employee's rights under this section within 14 days 14
149		-	after the 25th [45TH] day. Within 10 days after the employee receives the 15
150		-	administrator's notification of the employee's rights, the employee shall elect, and 16
151		-	notify the administrator and the employer of the election, whether to participate 17
152		-	in the reemployment benefits process in accordance with this section or the stay-18
153		-	at-work benefits program established under AS 23.30.043. Except as provided in 19
154		-	AS 23.30.043, if [IF] the employee is totally unable to return to the employee's 20
155		-	employment for 90 [60] consecutive days as a result of the injury, the employee or 21
156		-	employer may request an eligibility evaluation. The administrator may approve the 22
157		-	request if the employee's injury may permanently preclude the employee's return to the 23
158		-	employee's occupation at the time of the injury. Except as provided in AS 23.30.043, 24
159		-	if [IF] the employee is totally unable to return to the employee's employment at the 25
160		-	time of the injury for 120 [90] consecutive days as a result of the injury, the 26
161		-	administrator shall, without a request, order an eligibility evaluation unless a 27
162		-	stipulation of eligibility was submitted. If the administrator approves a request or 28
163		-	orders an evaluation, the administrator shall, on a rotating and geographic basis, select 29
164		-	a rehabilitation specialist from the list maintained under (b)(6) of this section to 30
165		-	perform the eligibility evaluation. If the person that employs a rehabilitation specialist 31
166		-	-5- Enrolled SB 147
167		-	selected by the administrator to perform an eligibility evaluation under this subsection 1
168		-	is performing any other work on the same workers' compensation claim involving the 2
169		-	injured employee, the administrator shall select a different rehabilitation specialist. 3
170		-	* Sec. 4. AS 23.30.041(d) is amended to read: 4
171		-	(d) Within 60 [30] days after the referral by the administrator, the 5
172		-	rehabilitation specialist shall perform the eligibility evaluation and issue a report of 6
173		-	findings. [THE ADMINISTRATOR MAY GRANT UP TO AN ADDITIONAL 30 7
174		-	DAYS FOR PERFORMANCE OF THE ELIGIBILITY EVALUATION UPON 8
175		-	NOTIFICATION OF UNUSUAL AND EXTENUATING CIRCUMSTANCES AND 9
176		-	THE REHABILITATION SPECIALIST'S REQUEST.] Within 14 days after receipt 10
177		-	of the report from the rehabilitation specialist, the administrator shall notify the parties 11
178		-	of the employee's eligibility for reemployment preparation benefits. Within 10 days 12
179		-	after the decision, either party may seek review of the decision by requesting a hearing 13
180		-	under AS 23.30.110. The hearing shall be held within 30 days after the hearing [IT] is 14
181		-	requested. The board shall uphold the decision of the administrator except for abuse of 15
182		-	discretion on the administrator's part. 16
183		-	* Sec. 5. AS 23.30.041(e) is amended to read: 17
184		-	(e) An employee shall be eligible for benefits under this section upon the 18
185		-	employee's written request and by having a physician predict that the employee will 19
186		-	have permanent physical capacities that are less than the physical demands of the 20
187		-	employee's job as described in the job analysis obtained from the most recent 21
188		-	version of the Occupational Information Network database published by the 22
189		-	United States Department of Labor, Employment and Training Administration, 23
190		-	[1993 EDITION OF THE UNITED STATES DEPARTMENT OF LABOR'S 24
191		-	"SELECTED CHARACTERISTICS OF OCCUPATIONS DEFINED IN THE 25
192		-	REVISED DICTIONARY OF OCCUPATIONAL TITLES"] for 26
193		-	(1) the employee's job at the time of injury; or 27
194		-	(2) other jobs that exist in the labor market that the employee has held 28
195		-	or received training for within 10 years before the injury or that the employee has held 29
196		-	following the injury for a period long enough to obtain the skills to compete in the 30
197		-	labor market. [, ACCORDING TO SPECIFIC VOCATIONAL PREPARATION 31
198		-	Enrolled SB 147 -6-
199		-	CODES AS DESCRIBED IN THE 1993 EDITION OF THE UNITED STATES 1
200		-	DEPARTMENT OF LABOR'S "SELECTED CHARACTERISTICS OF 2
201		-	OCCUPATIONS DEFINED IN THE REVISED DICTIONARY OF 3
202		-	OCCUPATIONAL TITLES."] 4
203		-	* Sec. 6. AS 23.30.041(f) is amended to read: 5
204		-	(f) An employee is not eligible for reemployment benefits if 6
205		-	(1) the employer offers employment within the employee's predicted 7
206		-	post-injury physical capacities at a wage equivalent to at least the state minimum wage 8
207		-	under AS 23.10.065 or 75 percent of the worker's gross hourly wages at the time of 9
208		-	injury, whichever is greater, and the employment prepares the employee to be 10
209		-	employable in other jobs that exist in the labor market; 11
210		-	(2) the employee previously declined the development of a 12
211		-	reemployment benefits plan under (g) of this section, received a job dislocation benefit 13
212		-	under (g)(2) of this section, and returned to work in the same or similar occupation in 14
213		-	terms of physical demands required of the employee at the time of the previous injury; 15
214		-	(3) the employee has been previously rehabilitated in a former 16
215		-	workers' [WORKER'S] compensation claim and returned to work in the same or 17
216		-	similar occupation in terms of physical demands required of the employee at the time 18
217		-	of the previous injury; [OR] 19
218		-	(4) at the time of medical stability, no permanent impairment is 20
219		-	identified or expected; 21
220		-	(5) the employee fails to timely notify the administrator and the 22
221		-	employer of the employee's election under (c) of this section, unless the parties 23
222		-	submit to the administrator a stipulation to a reemployment benefits eligibility 24
223		-	evaluation or to the employee's eligibility for reemployment benefits; 25
224		-	(6) the employee completed a stay-at-work plan under 26
225		-	AS 23.30.043; or 27
226		-	(7) the employee has not cooperated with the stay-at-work benefits 28
227		-	program under AS 23.30.043(l). 29
228		-	* Sec. 7. AS 23.30.041(h) is amended to read: 30
229		-	(h) Within 90 days after the rehabilitation specialist is selected or assigned 31
230		-	-7- Enrolled SB 147
231		-	[SPECIALIST'S SELECTION] under (g) of this section, the rehabilitation specialist 1
232		-	shall prepare and provide to the employee and employer a comple te 2
233		-	reemployment plan [MUST BE FORMULATED AND APPROVED]. The 3
234		-	reemployment plan must require continuous participation by the employee and must 4
235		-	maximize the usage of the employee's transferrable skills. The reemployment plan 5
236		-	must include at least the following: 6
237		-	(1) a determination of the occupational goal in the labor market; 7
238		-	(2) an inventory of the employee's technical skills, transferrable skills, 8
239		-	physical and intellectual capacities, academic achievement, emotional condition, and 9
240		-	family support; 10
241		-	(3) a plan to acquire the occupational skills to be employable; the plan 11
242		-	must consider use of training and employment services offered by the 12
243		-	Department of Labor and Workforce Development under AS 23.15; 13
244		-	(4) the cost estimate of the reemployment plan, including 14
245		-	(A) provider fees; 15
246		-	(B) [AND THE COST OF] tuition; 16
247		-	(C) [,] books; 17
248		-	(D) [,] tools [,] and supplies; 18
249		-	(E) [,] transportation; 19
250		-	(F) [,] temporary lodging; 20
251		-	(G) [, OR] job modification devices; and 21
252		-	(H) job search and job placement activities; 22
253		-	(5) the estimated length of time that the plan will take; 23
254		-	(6) the date that the plan will commence; 24
255		-	(7) the estimated time of medical stability as predicted by a treating 25
256		-	physician or by a physician who has examined the employee at the request of the 26
257		-	employer or the board, or by referral of the treating physician; 27
258		-	(8) a detailed description and plan schedule; 28
259		-	(9) a finding by the rehabilitation specialist that the inventory under (2) 29
260		-	of this subsection indicates that the employee can be reasonably expected to 30
261		-	satisfactorily complete the plan and perform in a new occupation within the time and 31
262		-	Enrolled SB 147 -8-
263		-	cost limitations of the plan; and 1
264		-	(10) a provision requiring that, after a person has been assigned to 2
265		-	perform medical management services for an injured employee, the person shall send 3
266		-	written notice to the employee, the employer, and the employee's physician explaining 4
267		-	in what capacity the person is employed, whom the person represents, and the scope of 5
268		-	the services to be provided. 6
269		-	* Sec. 8. AS 23.30.041(j) is amended to read: 7
270		-	(j) The rehabilitation specialist shall serve the reemployment plan on the 8
271		-	employee and employer. If the employee and employer agree to the plan, the 9
272		-	[THE] employee, rehabilitation specialist, and the employer shall sign the 10
273		-	reemployment benefits plan. If the employer and employee fail to agree on a 11
274		-	reemployment plan, either party may submit a reemployment plan for approval to the 12
275		-	administrator not later than 90 days after the date of service of the reemployment 13
276		-	plan on the employee and employer. The plan must ensure remunerative 14
277		-	employability. The [; THE] administrator shall approve or deny a plan submitted 15
278		-	under this subsection within 14 days after the plan is submitted. Within [; WITHIN] 16
279		-	10 days after [OF] the decision, either party may seek review of the decision by 17
280		-	requesting a hearing under AS 23.30.110. The [; THE] board shall 18
281		-	(1) uphold the decision of the administrator unless evidence is 19
282		-	submitted supporting an allegation of abuse of discretion on the part of the 20
283		-	administrator; and 21
284		-	(2) [THE BOARD SHALL] render a decision within 30 days after 22
285		-	completion of the hearing. 23
286		-	* Sec. 9. AS 23.30.041(l) is amended to read: 24
287		-	(l) The cost of the reemployment plan incurred under this section shall be the 25
288		-	responsibility of the employer, shall be paid on an expense incurred basis, and may not 26
289		-	exceed $22,150. The department shall, by regulation and not less than once every 27
290		-	five years, adjust the cost limit set out in this subsection to account for inflation 28
291		-	[$13,300]. 29
292		-	* Sec. 10. AS 23.30.041 is amended by adding a new subsection to read: 30
293		-	(s) In addition to the benefits provided to an employee under a reemployment 31
294		-	-9- Enrolled SB 147
295		-	plan prepared under this section, an employee who elects to use reemployment 1
296		-	benefits under this section is entitled to payment by the employer of costs incurred for 2
297		-	specialized job modification devices or services and reasonable travel and relocation 3
298		-	expenses associated with searching for new employment, returning to work in a new 4
299		-	location, and attendance at an on-the-job training program. The employer shall pay the 5
300		-	cost of the additional benefits incurred under this subsection on an expense incurred 6
301		-	basis. The cost of the additional benefits incurred under this subsection may not 7
302		-	exceed $4,000 and may not, when combined with the cost of the reemployment plan 8
303		-	incurred under this section, exceed the cost limit set out in (l) of this section. 9
304		-	* Sec. 11. AS 23.30 is amended by adding a new section to article 1 to read: 10
305		-	Sec. 23.30.043. Stay-at-work benefits program. (a) The stay-at-work benefits 11
306		-	program is established in the division. The division shall designate a member of the 12
307		-	division staff as coordinator of the stay-at-work benefits program. 13
308		-	(b) Within 14 days after an employee's election under AS 23.30.041(c) to 14
309		-	participate in the program, the administrator shall, on a rotating and geographic basis, 15
310		-	select a rehabilitation specialist from the list maintained under AS 23.30.041(b)(6) to 16
311		-	develop a stay-at-work plan and provide services under the plan. In selecting a 17
312		-	rehabilitation specialist, the administrator shall consider the rehabilitation specialist's 18
313		-	ability to accept and promptly provide program services and the rehabilitation 19
314		-	specialist's expertise and relevant experience relating to the employee's type of injury 20
315		-	or challenges specific to returning the employee to work with the employer. If the 21
316		-	person that employs a rehabilitation specialist selected by the administrator is 22
317		-	performing any other work on the same workers' compensation claim involving the 23
318		-	employee, the administrator shall select a different rehabilitation specialist. 24
319		-	(c) Within 60 days after the administrator selects the rehabilitation specialist, 25
320		-	the rehabilitation specialist shall 26
321		-	(1) develop a stay-at-work plan and provide the plan, in a format 27
322		-	prescribed by the director, to the employee, employer, program coordinator, and 28
323		-	employee's attending physician; or
324		-	29
325		-	(2) provide the employee, employer, and administrator with a 30
326		-	determination and findings supporting the determination, in a format prescribed by the 31
327		-	Enrolled SB 147 -10-
328		-	director, that the rehabilitation specialist is unable to develop a stay-at-work plan. 1
329		-	(d) The board shall establish by regulation the standards and procedures a 2
330		-	rehabilitation specialist must use in developing a stay-at-work plan and the contents 3
331		-	that the plan must include. 4
332		-	(e) The employee's attending physician shall provide a written opinion of 5
333		-	whether the employee has the permanent physical capacities to participate in a stay-at-6
334		-	work plan. The failure of the employee's attending physician to provide an opinion 7
335		-	under this subsection constitutes grounds for a determination that the rehabilitation 8
336		-	specialist is unable to develop a stay-at-work plan under (c)(2) of this section. 9
337		-	(f) Within 14 days after the program coordinator receives a stay-at-work plan, 10
338		-	the program coordinator shall approve or deny the plan and notify the parties of the 11
339		-	decision. Within 30 days after the program coordinator notifies the parties under this 12
340		-	subsection, a party may request that the administrator review the plan. Within 14 days 13
341		-	after the administrator receives a request to review the plan, the administrator shall 14
342		-	issue a decision approving or denying the plan. 15
343		-	(g) Within 14 days after the administrator receives a determination under 16
344		-	(c)(2) of this section, the administrator shall decide whether the information in the 17
345		-	board's case file for the employee's workers' compensation claim supports the 18
346		-	rehabilitation specialist's determination and findings. If the administrator decides the 19
347		-	case file supports the rehabilitation specialist's determination and findings, the 20
348		-	administrator shall, within 10 days after the administrator's decision, notify the 21
349		-	employee and employer of the decision and notify the employee that the employee is 22
350		-	no longer eligible for stay-at-work benefits and may pursue reemployment benefits in 23
351		-	accordance with AS 23.30.041. If the administrator decides the case file does not 24
352		-	support the rehabilitation specialist's determination and findings, the administrator 25
353		-	shall, within 10 days after the administrator's decision, notify the employee, employer, 26
354		-	and rehabilitation specialist of the decision and 27
355		-	(1) notify the employee, employer, and rehabilitation specialist what 28
356		-	additional information is needed to develop a stay-at-work plan, who must submit the 29
357		-	information, and the date by which the information must be submitted; or 30
358		-	(2) select a different rehabilitation specialist in accordance with (b) of 31
359		-	-11- Enrolled SB 147
360		-	this section to develop a stay-at-work plan and provide services under the plan. 1
361		-	(h) Within 10 days after the administrator notifies the parties of a decision 2
362		-	under (f) or (g) of this section, a party may seek review of the decision by requesting a 3
363		-	hearing under AS 23.30.110. The board shall uphold the decision of the administrator 4
364		-	unless evidence is submitted supporting an allegation of abuse of discretion on the part 5
365		-	of the administrator. The board shall render a decision within 30 days after completion 6
366		-	of the hearing. 7
367		-	(i) Only a rehabilitation specialist may develop a stay-at-work plan, provide 8
368		-	services under the plan, and make a determination and findings under this section. A 9
369		-	person who is not a rehabilitation specialist may perform work related to the stay-at-10
370		-	work plan if the work is performed under the direct supervision of a rehabilitation 11
371		-	specialist employed in the same firm and location. The employer shall pay the fees 12
372		-	charged by the rehabilitation specialist or other person described in this subsection for 13
373		-	providing services under this section. 14
374		-	(j) The cost of the stay-at-work benefits incurred under this section shall be 15
375		-	the responsibility of the employer, shall be paid on an expense incurred basis, and may 16
376		-	not exceed $3,000, exclusive of the fees charged by the rehabilitation specialist or 17
377		-	other person described in (i) of this section. 18
378		-	(k) Stay-at-work benefits terminate two years from the date the program 19
379		-	coordinator, administrator, or board approves the stay-at-work plan, whichever is later. 20
380		-	(l) After the employee has elected to participate in the program, and upon the 21
381		-	request of the employer, the administrator shall decide whether the employee has not 22
382		-	cooperated in the program. The administrator shall hold a hearing within 30 days after 23
383		-	the administrator receives a request from the employer for a hearing. The 24
384		-	administrator shall issue a decision within 14 days after the hearing. Within 10 days 25
385		-	after the administrator notifies the parties of the decision, either party may seek review 26
386		-	of the decision by requesting a hearing under AS 23.30.110. The board shall uphold 27
387		-	the decision of the administrator unless evidence is submitted supporting an allegation 28
388		-	of abuse of discretion on the part of the administrator. The board shall render a 29
389		-	decision within 30 days after completion of the hearing. If the employee is found to 30
390		-	have not cooperated with the program, the employer may terminat
391		-	e stay-at-work 31
392		-	Enrolled SB 147 -12-
393		-	benefits and disability benefits on the date on which a finding of noncooperation is 1
394		-	made under this subsection. Noncooperation means the employee's unreasonable 2
395		-	failure to 3
396		-	(1) maintain contact with the rehabilitation specialist; 4
397		-	(2) cooperate with the rehabilitation specialist in developing a stay-at-5
398		-	work plan; 6
399		-	(3) comply with the employee's responsibilities outlined in the stay-at-7
400		-	work plan; or 8
401		-	(4) participate in the stay-at-work plan or in a plan activity. 9
402		-	(m) An employee is not eligible for stay-at-work benefits if the employee fails 10
403		-	to timely notify the administrator and the employer of the employee's election under 11
404		-	AS 23.30.041(c), unless the parties submit to the administrator a stipulation that the 12
405		-	employee may participate in the program. 13
406		-	(n) An employer may elect not to participate or continue to participate in a 14
407		-	stay-at-work plan at any time before the employee completes the plan. If an employer 15
408		-	elects not to participate under this subsection, the employer shall notify the employee, 16
409		-	the program coordinator, and, if applicable, the rehabilitation specialist of the election. 17
410		-	The notice must be in the format prescribed by the director and inform the employee 18
411		-	that the employee is no longer eligible for stay-at-work benefits and may pursue 19
412		-	reemployment benefits in accordance with AS 23.30.041. The notice of the election is 20
413		-	effective the day after the notice is served on the employee, the program coordinator, 21
414		-	or, if applicable, the rehabilitation specialist, whichever is later. The employer is 22
415		-	responsible for the cost of the stay-at-work benefits incurred before the notice 23
416		-	becomes effective. 24
417		-	(o) In this section, 25
418		-	(1) "administrator" means the reemployment benefits administrator 26
419		-	employed under AS 23.30.041(a); 27
420		-	(2) "plan" or "stay-at-work plan" means a plan developed by a 28
421		-	rehabilitation specialist under this section to return an employee to work for the 29
422		-	employer; 30
423		-	(3) "program" means the stay-at-work benefits program established in 31
424		-	-13- Enrolled SB 147
425		-	this section; 1
426		-	(4) "program coordinator" means the division staff member designated 2
427		-	as the coordinator of the program; 3
428		-	(5) "rehabilitation specialist" has the meaning given in 4
429		-	AS 23.30.041(r); 5
430		-	(6) "stay-at-work benefits" means benefits provided under the 6
431		-	program. 7
432		-	* Sec. 12. AS 23.30.082(a) is amended to read: 8
433		-	(a) The workers' compensation benefits guaranty fund is established as a 9
434		-	separate fund in the state treasury [GENERAL FUND] to carry out the purposes of 10
435		-	this section. The fund is composed of civil penalty payments made by employers 11
436		-	under AS 23.30.080, income earned on investment of the money in the fund, money 12
437		-	deposited in the fund by the department, and appropriations to the fund, if any. 13
438		-	However, money appropriated to the fund does not lapse. Amounts in the fund may be 14
439		-	appropriated for claims against the fund, for expenses directly related to fund 15
440		-	operations and claims, and for legal expenses. 16
441		-	* Sec. 13. AS 23.30.100(a) is amended to read: 17
442		-	(a) Notice to an employer of an injury or death in respect to which 18
443		-	compensation is payable under this chapter shall be given within 15 [30] days after the 19
444		-	date of the [SUCH] injury or death [TO THE EMPLOYER]. 20
445		-	* Sec. 14. AS 23.30.105(a) is amended to read: 21
446		-	(a) The right to compensation for disability under this chapter is barred unless 22
447		-	a claim for it is filed within two years after the employee has knowledge of the nature 23
448		-	of the employee's disability and its relation to the employment and after disablement. 24
449		-	However, the maximum time for filing the claim in any event other than arising out of 25
450		-	an occupational disease shall be four years from the date of injury, and the right to 26
451		-	compensation for death is barred unless a claim therefor is filed within one year after 27
452		-	the death, except that, if payment of compensation has been made without an award on 28
453		-	account of the injury or death, a claim may be filed within two years after the date of 29
454		-	the last payment of benefits under AS 23.30.041, 23.30.043, 23.30.180, 23.30.185, 30
455		-	23.30.190, 23.30.200, or 23.30.215. It is additionally provided that, in the case of 31
456		-	Enrolled SB 147 -14-
457		-	latent defects pertinent to and causing compensable disability, the injured employee 1
458		-	has full right to claim as shall be determined by the board, time limitations 2
459		-	notwithstanding. 3
460		-	* Sec. 15. AS 23.30 is amended by adding a new section to read: 4
461		-	Sec. 23.30.118. Presumption of compensability for post-traumatic stress 5
462		-	disorder. (a) There is a presumption that an employee's claim for compensation as a 6
463		-	result of post-traumatic stress disorder is within the provisions of this chapter if the 7
464		-	employee 8
465		-	(1) is employed or was employed in an occupation listed in (b)(2) of 9
466		-	this section; and 10
467		-	(2) while employed or within three years after the last date of the 11
468		-	employee's employment, receives a diagnosis by a psychiatrist or a psychologist of 12
469		-	post-traumatic stress disorder. 13
470		-	(b) The presumption of compensability described in (a) of this section 14
471		-	(1) may be rebutted by a preponderance of the evidence that the 15
472		-	employee's post-traumatic stress disorder resulted from factors that were not work 16
473		-	related; 17
474		-	(2) applies only to the following employees: 18
475		-	(A) correctional officers; 19
476		-	(B) emergency medical technicians; 20
477		-	(C) emergency medical dispatchers; 21
478		-	(D) firefighters; 22
479		-	(E) mobile intensive care paramedics licensed under AS 18.08; 23
480		-	(F) peace officers; and 24
481		-	(G) employees who are certified under state law to perform 25
482		-	emergency medical services; and 26
483		-	(3) notwithstanding AS 23.30.100(a), applies for a period of three 27
484		-	years following the last date of the employee's employment. 28
485		-	(c) In this section, 29
486		-	(1) "correctional officer" has the meaning given in AS 18.65.290; 30
487		-	(2) "emergency medical dispatcher" has the meaning given in 31
488		-	-15- Enrolled SB 147
489		-	AS 18.08.200; 1
490		-	(3) "emergency medical service" has the meaning given in 2
491		-	AS 18.08.200; 3
492		-	(4) "emergency medical technician" has the meaning given in 4
493		-	AS 18.08.200; 5
494		-	(5) "firefighter" has the meaning given in AS 23.30.121(f); 6
495		-	(6) "peace officer" has the meaning given in AS 11.81.900(b). 7
496		-	* Sec. 16. AS 23.30.120(c) is amended to read: 8
497		-	(c) Except as provided in AS 23.30.118, the [THE] presumption of 9
498		-	compensability established in (a) of this section does not apply to a mental injury 10
499		-	resulting from work-related stress. 11
500		-	* Sec. 17. AS 23.30.041(p) is repealed. 12
501		-	* Sec. 18. Section 4, ch. 1, FSSLA 2007, as amended by sec. 5, ch. 6, SLA 2011, sec. 1, ch. 13
502		-	113, SLA 2014, and sec. 1, ch. 8, SLA 2018, is amended to read: 14
503		-	Sec. 4. AS 09.38.015(a)(11); AS 47.45.301, 47.45.302, 47.45.304, 47.45.306, 15
504		-	47.45.308, and 47.45.309 are repealed June 30, 2034 [2024]. 16
505		-	* Sec. 19. Section 18 of this Act takes effect immediately under AS 01.10.070(c). 17
506		-	* Sec. 20. Except as provided in sec. 19 of this Act, this Act takes effect January 1, 2025. 18
	214	+	* Sec. 9. AS 23.30.041(p) is repealed. 1
	215	+	* Sec. 10. This Act takes effect immediately under AS 01.10.070(c). 2