Section 8 AAC 45.177 - Claims against the workers' compensation benefits guaranty fund(a) Upon receipt of a report of occupational injury or illness involving an injury to an employee employed by an employer who appeared to be uninsured at the time of the injury, the division shall immediately notify the division's special investigations section and the administrator of the workers' compensation benefits guaranty fund in the division's Juneau office.(b) The division shall send a letter to the parties advising the parties that the employer may not have had workers' compensation insurance in effect at the time of the employee's injury. In the letter, the division shall also advise the parties of the rights and remedies available to the injured worker under the Act if the employer was not insured.(c) A workers' compensation claim shall be filed against the fund within the same time and in the same manner as a claim filed against the employer in accordance with AS 23.30.105, AS 23.30.110, and 8 AAC 45.050. The division shall serve the claim upon the fund's administrator and advise the parties that copies of all future documents filed with the division are also to be served upon the fund's administrator.(d) The fund is subject to the same claim procedures under the Act as all other parties.(e) The fund may not be obligated to pay the injured worker's claim unless the (1) employee and employer stipulate to the facts of the case, including that the employee's claim is compensable, which has the effect of an order under 8 AAC 45.050(f), or the board issues a determination and award of compensation; and(2) the employer defaults upon the payment of compensation for a period of 30 days after the compensation is due.(f) In case of default by the employer in the payment of compensation due under an award and payment of the awarded compensation by the fund, the board shall issue a supplementary order of default. The fund shall be subrogated to all the rights of the employee and may pursue collection of the defaulted payments under AS 23.30.170.(g) In this section, "fund" means the worker's compensation benefits guaranty fund (AS 23.30.082(a)).Eff. 2/28/2010, Register 193Authority:AS 23.30.005
AS 23.30.080
AS 23.30.082