Current through November 28, 2024
(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);
(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;
(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.
Authority:AS
23.30.005
AS
23.30.041
