Section 8 AAC 45.900 - Definitions(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.(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.Eff. 5/28/83, Register 86; am 12/14/86, Register 100; am 7/1/88, Register 107; am 3/16/90, Register 113; am 7/20/97, Register 143; am 7/2/98, Register 146; am 4/16/2010, Register 194; am 12/22/2011, Register 200; am 12/1/2015, Register 216, January 2016; am 7/27/2017,Register 223, October 2017; am 12/23/2021, Register 240, January 2022Authority:AS 23.30.005
AS 23.30.030
AS 23.30.041
AS 23.30.090
AS 23.30.097
AS 23.30.175
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AS 23.30.240
AS 23.30.395