Section 8 AAC 55.015 - Compelling reasons for extension of duration of care and for additional benefits(a) If a fisherman suffers a compensable injury, the fisherman may request compensation for treatment that continues beyond one year from the date of initial allowance for compelling reasons. A request for an extension of duration of care must (1) be submitted as a petition to the council under 8 AAC 55.025, and on the form prescribed by the department;(2) explain why treatment cannot be completed within one year from the date of initial allowance; and(3) include (A) the fisherman's name and contact information;(B) the name and contact information of the fisherman's primary care physician; and(C) a written treatment plan from the primary care physician, citing medical evidence that supports the extended course of treatment.(b) If a fisherman suffers a compensable injury, the fisherman may request additional benefits for compelling reasons. A request for additional benefits must(1) be submitted as a petition to the council under 8 AAC 55.025, and on the form prescribed by the department;(2) explain the fisherman's financial need, why a remedy cannot be obtained from the vessel owner, and additional benefits needed; and(3) include (A) a statement of financial assets and liabilities; and(B) copies of the fisherman's federal income tax returns for the previous two years, including W-2 forms and supporting schedules.(c) When considering under AS 23.35.130 or 23.35.140 a request for an extension of duration of care or additional benefits for compelling reasons, the council shall consider(1) the severity of the fisherman's injury;(2) the percentage of the fisherman's income derived from commercial fishing;(3) the length of time that the fisherman has fished commercially in the state;(4) the availability of relief from other sources;(5) the chronic nature of the medical condition; and(6) other facts relevant to the fisherman's request and presented to the council.(d) In addition to considering the factors listed under (c)(1) - (6) of this section, the council may consider the financial condition of the fund if the total fund expenditures in the current fiscal year are expected to reduce the fund balance to less than 500 percent of the average total fund expenditures in the preceding three fiscal years.Eff. 7/13/2012, Register 203Authority:AS 23.35.050
AS 23.35.130
AS 23.35.140