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- Alaska Statutes.
- Title 23. Labor and Workers' Compensation
- Chapter 30. Alaska Workers' Compensation Act
- Section 108. Prehearings On Discovery Matters; Objections to Requests For Release of Information; Sanctions For Noncompliance.
previous: Section 107
. Release of Information.
next: Section 110
. Procedure On Claims.
AS 23.30.108. Prehearings On Discovery Matters; Objections to Requests For Release of Information; Sanctions For Noncompliance.
- (a) If an employee objects to a request for written authority under AS 23.30.107, the employee must file a petition with the
board seeking a protective order within 14 days after service of the request. If the employee fails to file a petition
and fails to deliver the written authority as required by AS 23.30.107
within 14 days after service of the request, the employee's rights to benefits under this chapter are suspended until
the written authority is delivered.
- (b) If a petition seeking a protective order is filed, the board shall set a prehearing within 21 days after the filing
date of the petition. At a prehearing conducted by the board's designee, the board's designee has the authority to
resolve disputes concerning the written authority. If the board or the board's designee orders delivery of the written
authority and if the employee refuses to deliver it within 10 days after being ordered to do so, the employee's rights
to benefits under this chapter are suspended until the written authority is delivered. During any period of suspension
under this subsection, the employee's benefits under this chapter are forfeited unless the board, or the court
determining an action brought for the recovery of damages under this chapter, determines that good cause existed for
the refusal to provide the written authority.
- (c) At a prehearing on discovery matters conducted by the board's designee, the board's designee shall direct parties to
sign releases or produce documents, or both, if the parties present releases or documents that are likely to lead to
admissible evidence relative to an employee's injury. If a party refuses to comply with an order by the board's
designee or the board concerning discovery matters, the board may impose appropriate sanctions in addition to any
forfeiture of benefits, including dismissing the party's claim, petition, or defense. If a discovery dispute comes
before the board for review of a determination by the board's designee, the board may not consider any evidence or
argument that was not presented to the board's designee, but shall determine the issue solely on the basis of the
written record. The decision by the board on a discovery dispute shall be made within 30 days. The board shall uphold
the designee's decision except when the board's designee's determination is an abuse of discretion.
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