8 Alaska Admin. Code § 45.530

Current through September 25, 2024

Section 8 AAC 45.530 - Determination on eligibility for reemployment benefits

(a) No later than 14 days after receiving a rehabilitation specialist's eligibility evaluation report for an employee injured on or after July 1, 1988, the administrator shall 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 shall give the parties written notice by first class 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 in 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

(A) what additional information is needed, who must submit the information, and the date by which the information must be submitted so eligibility can be determined; or

(B) that the administrator shall reassign the employee to a new rehabilitation specialist in accordance with 8 AAC 45.430.

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

(1) state that the employee either shall elect reemployment benefits and select a rehabilitation specialist to assist in formulating a plan or shall accept a job dislocation benefit; the employee's election must be made no later than 30 days after the employee receives the notice;

(2) be accompanied by

(A) a copy of the division's form for an election to either receive reemployment benefits or waive reemployment benefits and receive a job dislocation benefit instead; and

(B) a copy of the list maintained under 8 AAC 45.400 of rehabilitation specialists; under this subparagraph, if the employee

(i) resides in the state, the administrator shall send the list maintained under 8 AAC 45.400(b) (1) of rehabilitation specialists in this state; or

(ii) does not reside in the state, the administrator shall send a list maintained under 8 AAC 45.400(b) (2) of rehabilitation specialists nearest the employee based on the geographic area; and

(3) inform the employee how to notify the employer and administrator of either the election of a job dislocation benefit or the name of the rehabilitation specialist selected to assist in the formulation of a plan.

8 AAC 45.530

Eff. 7/20/97, Register 143; am 7/2/98, Register 146; am 7/9/2011, Register 199; am 4/9/2016, Register 218, July 2016

Authority:AS 23.30.005

AS 23.30.041