(a) If an employee is found eligible for
development of a reemployment plan, the rehabilitation specialist whose name
appears on the referral letter shall
(1)
interview the employee, and conduct testing if needed, to complete an inventory
in accordance with
AS
23.30.041(h)(2);
(2) document the employee's permanent
physical capacities, in accordance with
AS
23.30.041(h)(2), and the
estimated date of medical stability in accordance with
AS
23.30.041(h)(7);
(3) compute the employee's remunerative
employability wage; the wage computed under this paragraph must meet the
standards of compensation set out in the definition of "remunerative
employability" under AS 23.20.041(r)(7) and meet the requirements of "gross
hourly wages at the time of injury" under
8 AAC 45.490;
(4) determine an occupational goal for the
employee;
(5) submit a job analysis
of the occupational goal to a physician to predict whether the employee will
have the permanent physical capacities to perform the physical demands of the
job;
(6) submit research
documenting that the
(A) plan will provide the
employee the occupational skills necessary to be employable within the plan's
occupational goal;
(B) occupational
goal exists in the labor market, as defined in
AS
23.30.041(r)(3);
and
(C) plan ensures remunerative
employability under
AS
23.30.041(r)(7);
(7) consider all of the options
listed under
AS
23.30.041(i) before
selecting the option that will return the employee to remunerative
employability in the shortest possible time; and
(8) write a detailed reemployment plan,
including
(A) the findings based on the
documentation required under (1) - (7) of this subsection;
(B) the time frame for the employee's
reemployment plan, to include the date the plan begins and the date the plan
ends, with a total time frame not to exceed two years from the date of plan
approval or the date of plan acceptance, whichever date occurs first;
(C) the cost of the plan, which may not
exceed the statutory amount under
AS
23.30.041 (
l); and
(D) a finding explaining why the employee can
be reasonably expected to satisfactorily complete the plan and perform in the
new occupation within the time and cost limits of the plan.
(b) No later than 90
days after the date of the employee's referral to the rehabilitation specialist
for development of a reemployment plan, the rehabilitation specialist whose
name appears on the referral letter shall submit
(1) the plan
(A) to the employee and the employer for
their review and signatures in accordance with
AS
23.30.041(j) indicating that
the employee and employer have reviewed the plan and whether the employee and
the employer agree or disagree with the plan; and
(B) signed by the specialist, the employee,
and the employer, to the administrator in accordance with
8 AAC 45.500; or
(2) a report, together with medical
documentation attached, that shows the employee's medical condition has changed
since the start of efforts to develop the employee's reemployment plan, and
that the employee is currently unable to participate in plan activities; the
medical documentation required by this paragraph must also include an estimated
date when efforts to develop the employee's reemployment plan can
resume.
(c) If the
employee and the employer fail to agree to the reemployment plan written under
(a)(8) of this section, either party may request the administrator to review
and approve the plan. No later than 14 days after the administrator receives
the plan for review, the administrator shall
(1) approve the plan and notify the parties
by first class mail;
(2) deny the
plan and notify the parties by first class mail; or
(3) notify the parties that the plan is
incomplete and request additional information from the parties before making a
decision on the plan.
(d) If the administrator requests additional
information, the administrator shall make a decision no later than 14 days
after the additional information is received, and notify the parties by first
class mail.
