Section 8 AAC 45.186 - Second injury fund(a) In order to satisfy the notice provisions of AS 23.30.205(e) an employer or carrier shall, no later than 100 weeks after receipt of knowledge of the injury or death, file form 07-6110 with the board and serve a copy of the form upon all interested parties in accordance with 8 AAC 45.060.(b) Following the filing of a petition for reimbursement in accordance with this section, and upon receipt of a statement of readiness to proceed, the chairman will schedule a prehearing under 8 AAC 45.065 for the purpose of determining whether a hearing is necessary. If the chairman determines at the prehearing that there is no dispute of fact and that the only issues for the board to decide are issues of law, the chairman may direct the parties to prepare and sign a stipulation of facts and may direct the parties to submit the case to the board on written legal memoranda without oral hearing.(c) For the purposes of AS 23.30.205, it is conclusively presumed that the conditions listed in AS 23.30.205(f)(1) constitute a hindrance to employment or an obstacle to obtaining employment or reemployment.(d) Notice under AS 23.30.205(d) and (e) must be sent to the administrator of the second injury fund.(e) In order to satisfy the 200-week rating requirement of AS 23.30.205(f)(2), a condition must qualify for an award of compensation under AS 23.30.190(a) that, if paid every two weeks at the employee's temporary total disability compensation rate computed under AS 23.30.185 and AS 23.30.220 instead of in a single lump sum, would be paid for 200 weeks or more. A disabling condition or impairment does not automatically satisfy AS 23.30.205(f)(2) merely because it is permanent in quality.(f) The administrator of the second injury fund may not approve lump-sum reimbursements from the second injury fund under AS 23.30.205.Eff. 5/28/83, Register 86; am 7/20/97, Register 143; am 7/2/98, Register 146; am 4/1/2017, Register 221, April 2017Authority:AS 23.30.005
AS 23.30.205