Section 8 AAC 45.136 - Notice of payment or modification of compensation(a) When the employer or carrier begins, increases, reduces, terminates, suspends or otherwise modifies compensation payments to the employee, the employer or carrier shall notify the division of the nature and substance of the commencement or change within 28 days after the commencement or change by filing electronically a subsequent report of injury (SROI) through electronic Data Interchange (EDI). The division will notify the employee of the commencement, termination. and any other modification of compensation payments(b) For purposes of this section and AS 2330.155(c), "filed" means submitted through EDI and followed by a Transaction Accepted acknowledgement from the jurisdiction,(c) For purposes of AS 23.30.155(m) a "complete" annual report means(1) submitted through EDI and followed by a Transaction Accepted acknowledgement from the jurisdiction; and (2) the difference, if any, between the amount listed as paid in each payment category is no greater than 10 percent of the amount reported to the board as, filed under this section and AS 23.30.155(c) in the preceding year(d) The division will compare the amount listed for each payment category on the annual report with the board's records to determine if the annual report is complete. The division will serve the employer or carrier written notice that the annual report was incomplete, based on the differences. Within 30 days after the date notice is served, the employer or carrier must respond in writing to the board and provide documentation that the board's records are in error and the annual report was complete as initially filed. If the employer or carrier fails to timely respond in accordance with this section or the evidence submitted in the response does not prove the error was in the board's records, the annual report is incomplete for purposes of AS 23.30.155(m).(f) Penalties assessed under AS 23.30.155(c) are due after application of AS 23.30.155(m) and (d) of this section. The commissioner will notify the employer or carrier of the amount of penalties due, if penalties are not paid within 30 days after notification by the commissioner of the amount due, the employer or carrier shall pay (1) an additional 25 percent of the penalties due under AS 23.30.155(m); and(2) interest on the penalties at the rate established by AS 45.45.010 until the penalties are paid.Eff. 5/28/83, Register 86; am 12/14/86, Register 100; am 3/16/90, Register 113; am 7/20/97, Register 143; am 4/15/99, Register 150; am 12/23/2021, Register 240, January 2022Authority:AS 23.30.005
AS 23.30.155