(a) A medical summary on form 07-6103,
listing each medical report in the claimant's or petitioner's possession which
is or may be relevant to the claim or petition, must be filed with a claim or
petition. The claimant or petitioner shall serve a copy of the summary form,
along with copies of the medical reports, upon all parties to the case and
shall file the original summary form with the board.
(b) The party receiving a medical summary and
claim or petition shall file with the board an amended summary on form 07-6103
within the time allowed under
AS
23.30.095(h), listing all
reports in the party's possession which are or may be relevant to the claim and
which are not listed on the claimant's or petitioner's medical summary form. In
addition, the party shall serve the amended medical summary form, together with
copies of the reports, upon all parties.
(c) Except as provided in (f) of this
section, a party filing an affidavit of readiness for hearing must attach an
updated medical summary, on form 07-6103, if any new medical reports have been
obtained since the last medical summary was filed.
(1) If the party filing an affidavit of
readiness for hearing wants the opportunity to cross-examine the author of a
medical report listed on the medical summaries that have been filed, the party
must file with the board, and serve upon all parties, a request for
cross-examination, together with the affidavit of readiness for hearing and an
updated medical summary and copies of the medical reports listed on the medical
summary, if required under this section.
(2) If a party served with an affidavit of
readiness for hearing wants the opportunity to cross-examine the author of a
medical report listed on the medical summaries filed as of the date of service
of the affidavit of readiness for hearing, a request for cross-examination must
be filed with the board, and served upon all parties, within 10 days after
service of the affidavit of readiness for hearing.
(3) After an affidavit of readiness for
hearing has been filed, and until the claim is heard or otherwise resolved,
(A) all updated medical summaries must be
accompanied by a request for cross-examination if the party filing the updated
medical summary wants the opportunity to cross-examine the author of a medical
report listed on the updated medical summary; and
(B) if a party served with an updated medical
summary and copies of the medical reports listed on the medical summary wants
the opportunity to cross-examine the author of a medical report listed on the
updated medical summary, a request for cross-examination must be filed with the
board and served upon all parties within 10 days after service of the updated
medical summary.
(4) If
an updated medical summary is filed and served less than 20 days before a
hearing, the board will rely upon a medical report listed in the updated
medical summary only if the parties expressly waive the right to
cross-examination, or if the board determines that the medical report listed on
the updated summary is admissible under a hearsay exception of the Alaska Rules
of Evidence.
(5) A request for
cross-examination must specifically identify the document by date and author,
generally describe the type of document, state the name of the person to be
cross-examined, state a specific reason why cross-examination is requested, be
timely filed under (2) of this subsection, and be served upon all parties.
(A) If a request for cross-examination is not
in accordance with this section, the party waives the right to request
cross-examination regarding a medical report listed on the updated medical
summary.
(B) If a party waived the
right to request cross-examination of an author of a medical report listed on a
medical summary that was filed in accordance with this section, at the hearing
the party may present as the party's witness the testimony of the author of a
medical report listed on a medical summary filed under this section.
(d) After a claim or
petition is filed, all parties must file with the board an updated medical
summary form within five days after getting an additional medical report. A
copy of the medical summary form, together with copies of the medical reports
listed on the form, must be served upon all parties at the time the medical
summary is filed with the board.
(e) No hearing will be scheduled or held
until the party filing the affidavit of readiness for hearing has complied with
the provisions of this section.
(f)
This section does not apply to a claim or petition requesting only
(1) an adjustment of the compensation rate or
determination of the gross weekly earnings;
(2) penalties, additional compensation under
AS
23.30.155, a determination that a
controversion is invalid and filed in bad faith, or a determination under
AS
23.30.155(o) that a
controversion was frivolous or unfair;
(3) attorney's fees or legal costs;
(4) a determination of dependency in death
cases;
(5) an offset under
AS
23.30.225, unless the employee's medical
condition is at issue under
AS
23.30.225(b);
(6) reimbursement of an overpayment under
AS
23.30.155(j);
(7) an executive officer waiver; or
(8) a self-insurance certificate.
