Section 23.30.043 - [Effective 1/1/2025] Stay-at-work benefits program(a) The stay-at-work benefits program is established in the division. The division shall designate a member of the division staff as coordinator of the stay-at-work benefits program.(b) Within 14 days after an employee's election under AS 23.30.041(c) to participate in the program, the administrator shall, on a rotating and geographic basis, select a rehabilitation specialist from the list maintained under AS 23.30.041(b)(6) to develop a stay-at-work plan and provide services under the plan. In selecting a rehabilitation specialist, the administrator shall consider the rehabilitation specialist's ability to accept and promptly provide program services and the rehabilitation specialist's expertise and relevant experience relating to the employee's type of injury or challenges specific to returning the employee to work with the employer. If the person that employs a rehabilitation specialist selected by the administrator is performing any other work on the same workers' compensation claim involving the employee, the administrator shall select a different rehabilitation specialist.(c) Within 60 days after the administrator selects the rehabilitation specialist, the rehabilitation specialist shall (1) develop a stay-at-work plan and provide the plan, in a format prescribed by the director, to the employee, employer, program coordinator, and employee's attending physician; or(2) provide the employee, employer, and administrator with a determination and findings supporting the determination, in a format prescribed by the director, that the rehabilitation specialist is unable to develop a stay-at-work plan.(d) The board shall establish by regulation the standards and procedures a rehabilitation specialist must use in developing a stay-at-work plan and the contents that the plan must include.(e) The employee's attending physician shall provide a written opinion of whether the employee has the permanent physical capacities to participate in a stay-at-work plan. The failure of the employee's attending physician to provide an opinion under this subsection constitutes grounds for a determination that the rehabilitation specialist is unable to develop a stay-at-work plan under (c)(2) of this section.(f) Within 14 days after the program coordinator receives a stay-at-work plan, the program coordinator shall approve or deny the plan and notify the parties of the decision. Within 30 days after the program coordinator notifies the parties under this subsection, a party may request that the administrator review the plan. Within 14 days after the administrator receives a request to review the plan, the administrator shall issue a decision approving or denying the plan.(g) Within 14 days after the administrator receives a determination under (c)(2) of this section, the administrator shall decide whether the information in the board's case file for the employee's workers' compensation claim supports the rehabilitation specialist's determination and findings. If the administrator decides the case file supports the rehabilitation specialist's determination and findings, the administrator shall, within 10 days after the administrator's decision, notify the employee and employer of the decision and notify the employee that the employee is no longer eligible for stay-at-work benefits and may pursue reemployment benefits in accordance with AS 23.30.041. If the administrator decides the case file does not support the rehabilitation specialist's determination and findings, the administrator shall, within 10 days after the administrator's decision, notify the employee, employer, and rehabilitation specialist of the decision and(1) notify the employee, employer, and rehabilitation specialist what additional information is needed to develop a stay-at-work plan, who must submit the information, and the date by which the information must be submitted; or(2) select a different rehabilitation specialist in accordance with (b) of this section to develop a stay-at-work plan and provide services under the plan.(h) Within 10 days after the administrator notifies the parties of a decision under (f) or (g) of this section, a party may seek review of the decision by requesting a hearing under AS 23.30.110. The board shall uphold the decision of the administrator unless evidence is submitted supporting an allegation of abuse of discretion on the part of the administrator. The board shall render a decision within 30 days after completion of the hearing.(i) Only a rehabilitation specialist may develop a stay-at-work plan, provide services under the plan, and make a determination and findings under this section. A person who is not a rehabilitation specialist may perform work related to the stay-at-work plan if the work is performed under the direct supervision of a rehabilitation specialist employed in the same firm and location. The employer shall pay the fees charged by the rehabilitation specialist or other person described in this subsection for providing services under this section.(j) The cost of the stay-at-work benefits incurred under this section shall be the responsibility of the employer, shall be paid on an expense incurred basis, and may not exceed $3,000, exclusive of the fees charged by the rehabilitation specialist or other person described in (i) of this section.(k) Stay-at-work benefits terminate two years from the date the program coordinator, administrator, or board approves the stay-at-work plan, whichever is later.(l) After the employee has elected to participate in the program, and upon the request of the employer, the administrator shall decide whether the employee has not cooperated in the program. The administrator shall hold a hearing within 30 days after the administrator receives a request from the employer for a hearing. The administrator shall issue a decision within 14 days after the hearing. Within 10 days after the administrator notifies the parties of the decision, either party may seek review of the decision by requesting a hearing under AS 23.30.110. The board shall uphold the decision of the administrator unless evidence is submitted supporting an allegation of abuse of discretion on the part of the administrator. The board shall render a decision within 30 days after completion of the hearing. If the employee is found to have not cooperated with the program, the employer may terminate stay-at-work benefits and disability benefits on the date on which a finding of noncooperation is made under this subsection. Noncooperation means the employee's unreasonable failure to (1) maintain contact with the rehabilitation specialist;(2) cooperate with the rehabilitation specialist in developing a stay-at-work plan;(3) comply with the employee's responsibilities outlined in the stay-at-work plan; or(4) participate in the stay-at-work plan or in a plan activity.(m) An employee is not eligible for stay-at-work benefits if the employee fails to timely notify the administrator and the employer of the employee's election under AS 23.30.041(c), unless the parties submit to the administrator a stipulation that the employee may participate in the program.(n) An employer may elect not to participate or continue to participate in a stay-at-work plan at any time before the employee completes the plan. If an employer elects not to participate under this subsection, the employer shall notify the employee, the program coordinator, and, if applicable, the rehabilitation specialist of the election. The notice must be in the format prescribed by the director and inform the employee that the employee is no longer eligible for stay-at-work benefits and may pursue reemployment benefits in accordance with AS 23.30.041. The notice of the election is effective the day after the notice is served on the employee, the program coordinator, or, if applicable, the rehabilitation specialist, whichever is later. The employer is responsible for the cost of the stay-at-work benefits incurred before the notice becomes effective.(o) In this section,(1) "administrator" means the reemployment benefits administrator employed under AS 23.30.041(a);(2) "plan" or "stay-at-work plan" means a plan developed by a rehabilitation specialist under this section to return an employee to work for the employer;(3) "program" means the stay-at-work benefits program established in this section;(4) "program coordinator" means the division staff member designated as the coordinator of the program;(5) "rehabilitation specialist" has the meaning given in AS 23.30.041(r);(6) "stay-at-work benefits" means benefits provided under the program.Added by SLA 2024, ch. 12,sec. 11, eff. 1/1/2025.