How Does Alaska’s Stay-At-Work Benefits Program Work?

Do You Know the Rule?

If you've been cruising around what's new on Simply Research, you might have bumped into Alaska's stay-at-work benefits program. Here's the lowdown on how stay at work works.

Picking Rehabilitation Specialists

Within 14 days after an employee's election to participate in the program, the administrator shall, on a rotating and geographic basis, select a rehabilitation specialist 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.

Rehabilitation Specialists' Responsibilities

Within 60 days after the administrator selects the rehabilitation specialist, the rehabilitation specialist shall do one of the following:

(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.

(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.

Employees' Doctors

An 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.

Approvals and Denials

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.

Within 14 days after the administrator receives a determination, 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. 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 one of the following:

(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.

(2) Select a different rehabilitation specialist to develop a stay-at-work plan and provide services under the plan.

Share This Article: