Alaska Administrative Code
Title 8 - Labor and Workforce Development
Part 3 - Workers' Compensation
Chapter 45 - Compensation, Medical Benefits, and Proceedings Before the Alaska Workers' Compensation Board
8 AAC 45.900 - Definitions
Universal Citation: 8 AK Admin Code 8 AAC 45.900
Current through November 28, 2024
(a) In this chapter
(1) "Act" means the Alaska Workers'
Compensation Act, as amended,
AS
23.30.005-23.30.270;
(2) "board" means (A) hearing officer under
8 AAC 45.071 or (B) any single three-member panel, or a
quorum thereof, of the Alaska Workers' Compensation Board;
(3) "carrier" means an insurance carrier
meeting the requirements of
AS
23.30.025 with respect to authorization to
provide insurance fulfilling the obligation of an employer to secure the
payment of compensation under the Act;
(4) "chair" means the commissioner or any
person designated by the commissioner to preside as board chair in a particular
proceeding;
(5) "claim" includes
any matter over which the board has jurisdiction;
(6) "commissioner" means the commissioner of
the Department of Labor and Workforce Development;
(7) "department" means the Department of
Labor and Workforce Development of the state;
(8) "division" means the division of workers'
compensation within the administrative branch of the Department of Labor and
Workforce Development;
(9)
"effecting settlement" means the ability to timely pay all medical benefits and
timely pay compensation in accordance with
AS
23.30.155;
(10) "executive officer" means the president,
vice-president, secretary, treasurer, or a corporate employee who is
responsible for the corporation's affairs generally, has a close connection
with the board of directors and other officers and who is specifically
designated as an executive officer by the articles of incorporation or
corporation bylaws;
(11) "Smallwood
objection" means an objection to the introduction into evidence of written
medical reports in place of direct testimony by a physician; see Commercial
Union Insurance Companies v. Smallwood, 550 P.2d 1261 (Alaska 1976);
(12) "treating physician" means the physician
designated by the employee as the person responsible for coordinating the
medical treatment;
(13) "designee"
means a person authorized by the board to act on the board's behalf or by the
commissioner to act on the commissioner's behalf;
(14) "cleaning person" means a person who
(A) cleans only a personal dwelling unit, as
opposed to business or commercial units;
(B) is hired directly by the owner or tenant
entitled to occupy the personal dwelling unit being cleaned; and
(C) the owner or tenant for whom the person
is cleaning actually lives in the personal dwelling unit being
cleaned.
(15) "provider"
unless the statutory context requires otherwise,
(A) means any physician, pharmacist, dentist,
or other health service worker or any hospital, clinic, or other facility
licensed under AS 08 to furnish medical or dental services, including
chiropractic, physical therapy, and mental health services;
(B) includes an out-of-state person or
facility that meets the requirements of this section and is otherwise qualified
to be licensed under AS 08.
(16) "failure to insure" means a person,
business, or entity utilizing employee A labor while uninsured, for working
compensation liability.
(b) Repealed 12/14/86.
(c) In AS 23.30.230,
(1) "part-time help" means a person who on an
intermittent, irregular, noncontinuous basis performs work which is either not
an integral part of the regular business of the beneficiary of the work or
which is not the regular business, profession, or occupation of the
worker;
(2) "transient help" means
a person who does not have a permanent work residence and who performs work
which is not an integral part of the regular business of the beneficiary of the
work.
(d) In AS 23.30.365, irregular bonus means a payment received by the employee from the employer, to which there is no fixed right or entitlement under the employment agreement between employee and employer.
(e) For purposes of this chapter and AS 23.30.041, "administrator" or "reemployment benefits administrator" means the person selected and employed under AS 23.30.041(a) or that person's designee.
(f) For purposes of this chapter and AS 23.30.175, "this state" and "the state" mean the State of Alaska.
(g) For purposes of AS 23.30.175, "the area," "other area" or "other areas" means a state or country other than the state of Alaska.
(h) For the purpose of AS 23.30.095(k), "functional capacity" means an evaluation, for any purpose, of an employee's
(1) "physical capacities" as that term is
defined in
AS
23.30.041;
(2) ability to perform a job's "physical
demands" as that term is defined in
AS
23.30.041; or
(3) intellectual capacities and emotional
condition.
(i) In AS 23.30.041(c) and this chapter,
(1) "employment at the time of
injury" means the employee's essential job duties and tasks, including the
physical requirements of the duties and tasks, that the employee performed at
the time of injury;
(2) "totally
unable" means the employee has not been released by the attending physician to
return to the employee's employment at the time of injury on either a modified
or unmodified basis.
(j) For an injury occurring after December 22, 2011, "previously rehabilitated" under AS 23.30.041(f)(3) means having
(1) completed a reemployment benefits plan
under
AS
23.30.041 or a substantially similar law in
another jurisdiction; or
(2) done
both of the following:
(A) having stipulated
to eligibility, having an eligibility request approved or having an eligibility
evaluation ordered under
AS
23.30.041(c);
(B) having waived reemployment benefits under
AS
23.30.041(q),
23.30.012,
or a substantially similar law in another jurisdiction.
(k) In AS 23.30.250,
(1) "misclassify means
(A) to falsy or misrepresent employee job
duties to an insurance carrier;
(B)
to willfully misrepresent an employee as an independent contractor;
(C) to conceal some or all compensation paid
in currency, in negotiable instruments, or in kind for work performed;
or
(D) to willfully designate an
employee as a partner, limited liability member, director, or officer without
one or more of the following:
(i) a ownership
interest under 8AAC AS 185(b);
(ii)
sharing in profits and losses; or
(iii) decision-making
authority
(2)
"deceptive leasing practices" means a person, business, or professional
employer organization engaged in the business of leasing employee labor to one
or more clients that
(A) purports to be the
sole employer of the covered employee;
(B) fails to report client names and
effective coverage dates for the ondias" insurance carrier and the division
under
AS
23.30.085.
Authority:AS 23.30.005
AS 23.30.030
AS 23.30.041
AS 23.30.090
AS 23.30.097
AS 23.30.175
AS 23.30.220
AS 23.30.230
AS 23.30.240
AS 23.30.395
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