Section 8 AAC 45.182 - Controversion(a) To controvert a claim the employer shall file form 07-6105 in accordance with AS 23.30.155(a) and shall serve a copy of the notice of controversion upon all parties in accordance with 8 AAC 45.060. This notice must be filed in addition to the notice required under AS 23.30.155(c) and 8 AAC 45.136.(b) If a claim is controverted on the grounds that another employer or insurer is liable, as well as on other grounds, the board will, upon request under AS 23.30.110 and 8 AAC 45.070, determine if the other grounds for controversion are supported by the law or by evidence in the controverting party's possession at the time the controversion was filed. If the law does not support the controversion or if evidence to support the controversion was not in the party's possession, the board will invalidate the controversion, and will award additional compensation under AS 23.30.155(e).(c) If the most recent employer or insurer does not pay in accordance with AS 23.30.155(d), the board will, in its discretion, award additional compensation under AS 23.30.155(e) against the most recent employer even though the board has not determined which employer or insurer is liable. If additional compensation is awarded in accordance with this subsection, the additional compensation may not be reimbursed under AS 23.30.155(d) if the most recent employer ultimately prevails on the liability dispute.(d) After hearing a party's claim alleging an insurer or self-insured employer frivolously or unfairly controverted compensation due, the board will file a decision and order determining whether an insurer or self-insured employer frivolously or unfairly controverted compensation due. Under this subsection, (1) if the board determines an insurer frivolously or unfairly controverted compensation due, the board will provide a copy of the decision and order at the time of filing to the director for action under AS 23.30.155(o); or(2) if the board determines a self-insured employer frivolously or unfairly controverted compensation due, the board will, at the time its decision and order are filed, provide a copy of the decision and order to the commissioner's designee for consideration in the self-insured employer's renewal application for self-insurance.(e) For purposes of this section, the term "compensation due," and for purposes of AS 23.30.155(o), the term "compensation due under this chapter," are terms that mean the benefits sought by the employee, including but not limited to disability, medical, and reemployment benefits, and whether paid or unpaid at the time the controversion was filed.Eff. 5/28/83, Register 100; am 3/16/90, Register 113; am 7/2/98, Register 146; am 7/9/2011, Register 199; am 5/12/2019, Register 230, April 2019 Authority:AS 23.30.005
AS 23.30.155