Alaska Fishermen's Fund appeals council to decide denied injury claims Oct. 14

Commercial fishermen whose medical claims were turned down by the Alaska Commercial Fishermen's Fund will learn their fate on Oct. 14. Those denied may file a Petition of Reconsideration within 15 days of a denial and appeal within 30 days of receiving the official notice of denial.

The Alaska Commercial Fishermen's Fund Advisory and Appeals Council will hold its fall meeting that Wednesday at 9 a.m., according to a public meeting notice issued Sept. 9 by the Alaska Department of Labor and Workforce Development. The meeting begins in executive session, closed to the public, during which the council will review claims for benefits that the Fund Administrator did not approve, along with claims requesting extensions of benefit limits.

The fund, housed in the department's Division of Workers' Compensation, pays for transportation, medical care, hospitalization, prescriptions and therapy for licensed Alaska commercial fishermen hurt or sickened in work directly connected with commercial fishing. An administrator must approve each claim first, and unapproved claims go to the council for a final decision at its next meeting.

The department sets the ceiling at $10,000. Except for compelling reasons, it says, benefits for a single injury cannot exceed that or run beyond one year from initial allowance. AS 23.35.140 carries a lower figure of $2,500 for any one injury or disablement, and the claim form prints it in capital letters: "MORE THAN $2,500 MAY BE APPROVED IF SUPPORTED BY COMPELLING REASONS." A fisherman seeking more money or time must send a written justification and a Compelling Reasons Questionnaire, form 07-6124.

State regulations bar awards when the injury was not directly connected to commercial fishing, when the fisherman intended to injure or kill himself or another, or when he was intoxicated or on non-prescribed drugs. The department requires initial treatment within 120 days of onset and an application within one year of that treatment. Chronic injuries, it says, although aggravated by fishing, may not be covered, because they are usually pre-existing.

The council is chaired by the labor commissioner or a designee and seats five members appointed by the governor. Thea Howard is the fund's program coordinator. The notice does not say how many claims are pending.