Title 8 . Labor and Workforce Development

Chapter 45 . Fishermen's Fund

Section 525. Reemployment benefit eligibility evaluations

8 AAC 45.525. Reemployment benefit eligibility evaluations

(a) If an employee is found eligible for an eligibility evaluation for reemployment benefits under 8 AAC 45.510 or 8 AAC 45.520, the rehabilitation specialist shall

(1) interview the employee and, if necessary, the employer at time of injury to obtain a description of the tasks and duties of the employee's job at time of injury;

(2) review the following volume and, from the volume, choose the most appropriate job title or titles based on the description of the employee's job; the volume to be reviewed under this paragraph is

(A) on or after July 2, 1998 and until August 29, 1998, the United States Department of Labor's "Selected Characteristics of Occupations Defined in the Dictionary of Occupational Titles" (1981) (SCODDOT); and

(B) on or after August 30, 1998, the effective date of the amendment of AS 23.30.041 (e) by sec. 1, ch. 59, SLA 1998, the 1993 edition of the United States Department of Labor's "Selected Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles" unless, under AS 23.30.041 (q), the board has designated a later revision or version of that volume; and

(3) submit the job title or titles chosen under (2) of this subsection to a physician.

(b) When interviewing the employee the rehabilitation specialist shall obtain descriptions of the tasks and duties for other jobs that the employee has held or for which the employee received training within 10 years before the injury, and any jobs held after the injury. The rehabilitation specialist shall

(1) review the following volume and, from the volume, choose the most appropriate job title or titles based on the employee's descriptions of the job's held and training received; the volume to be reviewed under this paragraph is

(A) on or after July 2, 1998, and until August 29, 1998, the United States Department of Labor's "Selected Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles" (1981) (SCODDOT); and

(B) on or after August 30, 1998, the effective date of the amendment of AS 23.30.041 (e) by sec. 1, ch. 59, SLA 1998, the 1993 edition of the United States Department of Labor's "Selected Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles" unless, under AS 23.30.041 (q), the board has designated a later revision or version of that volume;

(2) determine whether the employee held the jobs long enough to meet the specific vocational preparation codes as described in the volume;

(3) submit the job title or titles chosen under (1) - (2) of this subsection, for which the employee meets the specific vocational preparation codes, to a physician.

(4) if the physician predicts the employee will have the permanent physical capacities equal to or greater than the physical demands of a job or jobs, conduct a labor market survey to document that a reasonable number of job vacancies exist for those jobs.

(c) The rehabilitation specialist shall contact the employee's employer at time of injury about employment in accordance with AS 23.30.041 (f)(1). If the employer offers employment, the rehabilitation specialist shall

(1) complete a job analysis, including a description of the job duties, tasks, and physical requirements, and give this description to a physician to predict whether the job's physical demands are within the employee's post-injury physical capacities;

(2) require the employer to complete an offer of employment on a form prescribed by the administrator, and document that the job offered will pay the employee at least the state minimum wage under AS 23.10.065 or an amount that is at least equal to 75 percent of the employee's gross hourly wages at the time of injury; and

(3) submit a labor market survey if the offer of employment meets the requirements of AS 23.30.041 (f)(1); the survey must document that the offered employment prepares the employee to be employable in other jobs that exist in the labor market.

(d) The rehabilitation specialist shall ask if the employee has ever been rehabilitated in a prior workers' compensation claim. If the employee has been rehabilitated in a prior claim, the specialist shall try to obtain documentation of this rehabilitation for the purposes of AS 23.30.041 (f)(2).

(e) The rehabilitation specialist shall document whether or not a permanent impairment is identified or expected at the time of medical stability. This documentation may be either a physician's rating according to the appropriate edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment, use of which is directed by AS 23.30.190 or a physician's statement that an impairment rating is or is not expected.

(f) In accordance with 8 AAC 45.500 and within 30 days after the rehabilitation specialist received notification under 8 AAC 45.510(c) (2)(A) of being selected, the rehabilitation specialist shall submit

(1) a report of findings, including a recommendation regarding eligibility for reemployment benefits, together with

(A) copies of the physician's predictions;

(B) the completed offer of employment form, if employment has been offered;

(C) labor market surveys, if necessary;

(D) documentation of previous rehabilitation, if received; and

(E) the physician's rating or statement regarding permanent impairment; or

(2) a written request for a 30-day extension explaining the unusual and extenuating circumstances, in accordance with AS 23.30.041 (d), that prevented the rehabilitation specialist from completing the evaluation within 30 days of notification of selection; if the administrator grants an extension requested under this paragraph, no later than at the end of the 30-day extension the rehabilitation specialist shall prepare and submit a report of findings in accordance with (1) of this subsection.

History: Eff. 7/2/98, Register 146

Authority: AS 23.30.005

AS 23.30.041