Alaska Administrative Code
Title 2 - Administration
Chapter 07 - Personnel Rules
Article 5 - Appointments
2 AAC 07.228 - Preferential rights of injured state employees
Current through February 27, 2024
(a) If a person is not appointed under 2 AAC 07.226 or 2 AAC 07.227, a person with preferential rights because of qualification under AS 39.25.158 as an injured state employee may be appointed.
(b) A request for a workers' compensation injury preference must be filed within 30 calendar days after the date the injured employee is released to full or modified employment by the injured employee's treating physician; the request for workers' compensation preference must
(c) Within 90 days of release to employment, the injured employee shall submit to the director
(d) The director shall forward the materials submitted by the injured employee, along with a copy of the description of the position held by the employee at the time of injury, to the director of the division of vocational rehabilitation or to the workers' compensation reemployment benefits administrator for certification. If the injured employee is certified, the director will endeavor to place the employee in a position in accordance with AS 39.25.158.
(e) Nothing in this section prohibits an employee from applying for benefits for which the employee is qualified under AS 23.30 (Alaska Workers' Compensation Act).
(f) An injured employee may exercise the workers' compensation injury preference under this section only
(g) At any point in the placement process, the employee may agree in writing to accept a wage lower than one comparable to the employee's former position.
(h) If an injured employee completes retraining under AS 23.30.041, the injured employee may apply under provisions established by the director for vacancies for which the injured employee was retrained, is qualified, and is able to perform the essential functions.
(i) If the injured employee is not placed under this section, the director shall permit the appointing authority to fill the position under provisions of 2 AAC 07.041 - 2 AAC 07.113.
(j) A workers' compensation injury preference expires if the injured employee refuses a job offer under this section, or is placed in a position under this section, or accepts a probationary appointment through competition or non-preferential rights for a position at a comparable wage. If an injured employee receives a written offer of employment under this section and does not accept the offer within 10 calendar days of the date the offer is received, the offer is considered refused.
(k) The appointing authority shall notify any employee subsequently employed in a position vacated by an injured employee of the injured employee's rights under AS 39.25.158(c).
(l) In this section,
Even though the adoption of 2 AAC 07.228 was effective 4/23/2004, it was not published until Register 175, Oct. 2005.
Authority:AS 39.25.070
AS 39.25.140
AS 39.25.150
AS 39.25.158