labor lawAdivision of labor law center

Alaska employers are invited to comment on new workers’ compensation regulations proposed by Labor Commissioner Clark “Click” Bishop.

 

The Alaska Department of Labor and Workforce Development recently proposed new regulations aimed at making workers’ compensation hearings more ethical.

 

Workers’  compensation hearings are held when the employer or employee does not agree with the original finding. Often, this is because an employee is denied workers’ compensation and feels that he or she was entitled to it.

 

Under the proposed regulations, a new section (AAC 45.105) will provide a code of ethical conduct for hearing panels similar to that of other state officials.

 

The second regulation, under AAC 45.106, will provide procedures for members of the workers’ compensation panel to avoid conflicts of interest and/or the appearance of impropriety in hearings. These regulations, for example, require that a company owner excuse himself from the panel if the case involves an employee from his own firm, or from a firm owned or controlled by a family member. The regulations also permit an employee or employer to request that a panel member with a conflict of interest excuse himself. If the member refuses, the remaining panel members will vote to decide if he must be excluded from the hearing.

 

Employers may comment on the proposed regulations, including any potential costs involved to private employers. Written comments may be sent to the Workers’ Compensation Division at 675 Seventh Avenue, Station K, Fairbanks, Alaska, 99710.

 

The Alaska Labor Department will also hold three hearings on September 22, 2008 from 1 pm to 4 pm  to discuss these regulations. Written or oral comments can be submitted at the hearing. The hearing in Anchorage is at 3301 Eagle Street, in meeting room P1. The Juneau hearing is at 1111 West 8^th Street, in suite 303. In Fairbanks, the hearing is in the Governor’s Conference Room  at  675 7^th Avenue. Hearings may be extended past 4 pm to allow all interested parties to speak.

 

The complete text of the new regulations can be found here.

 

After the public hearings, the Alaska Department of Labor and Workforce Development can adopt these regulations without further notice. Other options would be to amend the regulations or to decide to take no action. 

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