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Title 8 . Labor and Workforce Development
Chapter 45 . Fishermen's Fund
Section 530. Determination on eligibility for reemployment benefits

8 AAC 45.530. Determination on eligibility for reemployment benefits

(a) Within 14 days after receiving a rehabilitation specialist's eligibility evaluation report for an employee injured on or after July 1, 1988, the administrator will determine whether the employee is eligible or ineligible for reemployment benefits, or that insufficient information exists to make a determination on the employee's eligibility for reemployment benefits. The administrator will give the parties written notice by certified mail of the determination, the reason for the determination, and how to request review by the board of the determination.

(b) If the administrator determines the eligibility evaluation is not in accordance with 8 AAC 45.525, or the information on the board's case file is insufficient or does not support the eligibility recommendation, the administrator

(1) may not decide the employee's eligibility for reemployment benefits; and

(2) shall notify the employee, the employer, or the rehabilitation specialist to submit additional information within a specified date so eligibility can be determined.

(c) If the administrator determines the employer is eligible for reemployment benefits, the administrator's notice must

(1) state that the employee shall select a rehabilitation specialist within 10 days after the employee receives the notice;

(2) be accompanied by a copy of the administrator's list of rehabilitation specialists; under this paragraph, if the employee

(A) resides in the state, the administrator will send the lists of rehabilitation specialists in Alaska as defined in 8 AAC 45.400(b) (1); or

(B) does not reside in the state, the administrator will send a list of rehabilitation specialists nearest the employee based on the geographic area, as defined in 8 AAC 45.400(b) (2); and

(3) inform the employee on how the employee shall tell the employer and administrator of the rehabilitation specialist selected.

History: Eff. 7/20/97, Register 143; am 7/2/98, Register 146

Authority: AS 23.30.005

AS 23.30.041


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Last modified 7/05/2006