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Alaska Department of Labor and Workforce Development

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Alaska Department of Labor and Workforce Development
Agency overview
Websitehttp://www.labor.state.ak.us/

The Alaska Department of Labor and Workforce Development is a department within the government of Alaska which handles most of the state's labor and workforce issues, primarily at the administrative level.

Structure

Within the Department of Labor are the Alaska Workforce Development Board, the Labor Relations Agency, the Division of Labor Standards and Safety, the Division of Workers' Compensation, and the Division of Employment Security.[1] The Alaska Workers' Compensation Appeals Commission, although organizationally distinct from the Division of Workers' Compensation, is under the umbrellla of the Department of Labor, and hears appeals from decisions of the Alaska Workers' Compensation Board.[2]

Division of Workers' Compensation

The Division of Workers' Compensation operates three district offices throughout the state at which it coordinates filings of new workers' compensation cases, and assists the public, employers, and injured employees in pursuing their rights and obligations under the Alaska Workers' Compensation Act. In addition to its administrative functions, the Division also houses the Alaska Workers’ Compensation Board, which hears disputes arising between employees and employers or their insurance carriers regarding the payment of benefits under the Act. The Division is further broken down into several separate departments.[3]

The Special Investigations Unit investigates fraudulent workers’ compensation claims including false or misleading acts or statements made for the purpose of obtaining benefits under the Alaska Workers’ Compensation Act. The Special Investigations Unit also investigates uninsured employers who fail to maintain the required workers' compensation insurance liability coverage.

The Reemployment Benefits Section administers reemployment benefits to qualifying injured employees. In certain cases, injured employees who qualify for reemployment benefits may elect to undergo vocational retraining paid for by the employer.

The Alaska Workers' Compensation Benefit Guaranty Fund was established in 2005 to provide workers' compensation benefits to employees injured on the job while working for an uninsured employer. A claim may be filed against the Fund following a finding by the Board that the employer is responsible for and fails to pay benefits under the Alaska Workers Compensation Act.

The Fishermen's Fund provides for treatment and care of Alaska's licensed commercial fishermen who are injured or become ill due to fishing-related activities on shore in Alaska or in Alaska waters.

The Second Injury Fund provides benefits to employers for claimants who have a permanent physical impairment.

The Adjudications Section holds hearings before a three-member Board "panel," consisting of one representative of industry, one labor representative, and one hearing officer (an administrative law judge specializing in the adjudication of workers' compensation claims), who controls the proceedings. Cases are ultimately decided by a vote by the three-member panel, with two votes constituting a quorum. The panel administers oaths, receives evidence, hears testimony, and issues interlocutory and also final decisions concerning procedural issues or the merits of a case. Where in dispute, the Board may ultimately decide the amount of compensation due an injured employee. The Board may also hear other types of cases dealing with the Alaska Workers' Compensation Act, such as where the state is seeking a civil penalty, or fine, against an employer who has failed to carry the required workers' compensation liability insurance or disputes between a medical provider and an insurance carrier. The Adjudications Section is organizationally distinct from the Division of Workers' Compensation, so that it may decide hearings impartially. Regular hearings are held in Fairbanks, Anchorage, and Juneau.[4]

The Alaska Workers' Compensation Appeals Commission is located in Anchorage and hears appeals from the Alaska Workers Compensation Board. The Appeals Commission is organizationally (and physically) separate from the Alaska Workers' Compensation Board, so as to avoid conflicts and the appearance of impropriety. Appeals from the Alaska Workers' Compensation Commission are generally taken directly to the Alaska Supreme Court.

References

  1. ^ http://labor.state.ak.us/
  2. ^ http://labor.state.ak.us/wccomm/
  3. ^ http://labor.state.ak.us/wc/
  4. ^ http://touchngo.com/lglcntr/akstats/Statutes/Title23/Chapter30/Section005.htm


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