8 Alaska Admin. Code § 45.525

Current through May 31, 2024

Section 8 AAC 45.525 - Reemployment benefit eligibility evaluations

(a) If an employee is found eligible for an eligibility evaluation for reemployment benefits under AS 23.30.041(c), the rehabilitation specialist whose name appears on the referral letter shall

(1) interview the employee and the employer and review all written job descriptions existing at the time of injury that describe the employee's job at the time of injury;

(2) review the appropriate volume listed in (A) or (B) of this paragraph and, based on the description obtained under (1) of this subsection, select the most appropriate job title or titles that describe the employee's job; if the employee's injury occurred

(A) on or after July 2, 1998 but before August 30, 1998, the rehabilitation specialist shall use the United States Department of Labor's Selected Characteristics of Occupations Defined in the Dictionary of Occupational Titles(1981) (SCODDOT);

(B) on or after August 30, 1998, the rehabilitation specialist shall use the 1993 edition of the United States Department of Labor's Selected Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles(SCODRDOT) unless, under AS 23.30.041(p), the board has designated a later revision or version of that volume; and

(3) submit all job titles selected under (2) of this subsection to the employee's physician, the employee, the employer, and the administrator.

(b) When interviewing the employee the rehabilitation specialist whose name appears on the referral letter shall obtain descriptions of the tasks and duties for other jobs the employee 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) exercise due diligence to verify the employee's jobs in the 10 years before the injury and any jobs held after the injury;

(2) review the appropriate volume listed in (A) or (B) of this paragraph and select the most appropriate job title or titles that describe the jobs held and training received; if the employee's injury occurred

(A) on or after July 2, 1988 but before August 30, 1998, the rehabilitation specialist shall use the United States Department of Labor's Selected Characteristics of Occupations Defined in the Dictionary of Occupational Titles(1981) (SCODDOT);

(3) identify all job titles identified under (2) of this subsection for which the employee meets the specific vocational preparation codes as described in the volume; and

(4) submit all job titles identified under (3) of this subsection to the employee's physician, the employee, the employer and the administrator; if the physician predicts the employee will have permanent physical capacities equal to or greater than the physical demands of a job or jobs submitted under this paragraph, the rehabilitation specialist shall conduct labor market research to determine whether the job or jobs exist in the labor market as defined in AS 23.30.041(r)(3).

(c) The rehabilitation specialist whose name appears on the referral letter shall contact the employee's employer at the 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 submit the job analysis to the employee's physician, with a copy to the employee, the employer, and the administrator, 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 at least equal to 75 percent of the employee's gross hourly wages at the time of injury, whichever is greater; and

(3) submit labor market research if the offer of employment meets the requirements of AS 23.30.041(f)(1); the research must document that the offered employment prepares the employee to be employable in other jobs that exist in the labor market at a level consistent with employee's predicted post-injury physical capacities and at a wage equivalent to at least the state minimum wage under AS 23.10.065 or 75 percent of the worker's gross hourly wages at the time of injury, whichever is greater.

(d) The rehabilitation specialist whose name appears on the referral letter shall determine whether the employee has previously declined reemployment benefits under AS 23.30.041(f)(2) or has been previously rehabilitated under AS 23.30.041(f)(3).

(e) If the employee has received a job dislocation benefit or has been previously rehabilitated in a former workers' compensation claim, the rehabilition specialist shall obtain documentation of the previous job dislocation benefit or rehabilitation for purposes of AS 23.30.041(f)(2) and (3).

(f) The rehabilitation specialist whose name appears on the referral letter shall document whether 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 Impairmentunder AS 23.30.190 or a physician's statement that an impairment rating is or is not expected.

(g) In accordance with 8 AAC 45.500, and no later than 30 days after being selected, the rehabilitation specialist whose name appears on the referral letter shall submit to the administrator, with simultaneous copies to the employee and employer,

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

(A) copies of all predictions by any physician along with job titles identified under (a)(3) and (b)(4) of this section and job analyses identified under (c)(1) of this section;

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

(C) labor market research, if necessary;

(D) documentation of any previous job dislocation benefit or rehabilitation, or evidence of efforts to obtain the information if not received; and

(E) all physicians' 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 after selection, documenting that the employee, employer, and the employee's physician were contacted within the first 30 days and that the rehabilitation specialist is awaiting a response from one or more of the contacts; if the administrator grants an extension requested under this paragraph, the rehabilitation specialist shall prepare and submit a report of findings in accordance with (1) of this subsection within a total of 60 days from the date the rehabilitation specialist was selected.

(h) Any additional information for the administrator's consideration in the eligibility determination shall be filed with the administrator and served on all parties and the rehabilitation specialist no later than 10 days after the rehabilitation specialist's report is filed.

(i) The employer shall pay costs associated with the employee's physician's review of documents submitted under this section, in compliance with AS 23.30.097.

8 AAC 45.525

Eff. 7/2/98, Register 146; am 7/9/2011, Register 199

Authority:AS 23.30.005

AS 23.30.041