Alaska proposes workers' compensation board rule changes; comment closes Oct. 9

Injured workers, employers and their attorneys would face new rules on cross-examining the authors of evidence and on billing for legal fees, under a regulation package proposed by the Alaska Department of Labor and Workforce Development and the Alaska Workers' Compensation Board.

The proposal would change the board's procedural regulations under 8 AAC 45 of the Alaska Administrative Code. Written comments are due by 5 p.m. on Oct. 9. An oral hearing is set for Oct. 15 in Anchorage and by Zoom.

Attorneys would see a change in daily practice. Fee applications could no longer use block billing, the practice of lumping multiple tasks into a single time entry.

A new section, 8 AAC 45.055, would set procedures for cross-examining the authors of medical and non-medical evidence filed with the board.

A separate change would classify an employer's failure to secure compensation under AS 23.30.075, when it lasts more than 180 consecutive days, as an aggravating factor.

The department says the changes are not expected to require an increased state appropriation. The notice of proposed changes, along with instructions on how to submit written comments, is posted on the state's Online Public Notice system at http://notice.alaska.gov/225013.

Commissioner Designee Cathy Muñoz, whom Gov. Mike Dunleavy appointed in January 2024, leads the department. Chapter 45 of the Alaska Administrative Code governs compensation, medical benefits and proceedings before the Alaska Workers' Compensation Board. An earlier rulemaking notice in the same chapter, published in September 2024, addressed fees for medical treatment and services.