1. (a) If an employee is found eligible for an eligibility evaluation for reemployment benefits under AS 23.30.041(c), the rehabilitation specialist whose name appears on the referral letter shall

   1. (1) interview the employee and the employer and review all written job descriptions existing at the time of injury that describe the employee's job at the time of injury;

   2. (2) review the appropriate volume or database listed in (A), (B), or (C) of this paragraph and select the most appropriate job title or titles that describe the employee's job; if the employee's injury occurred

      1. (A) on or after July 2, 1998 but before August 30, 1998, the rehabilitation specialist shall use the United States Department of Labor's Selected Characteristics of Occupations Defined in the Dictionary of Occupational Titles (1981) (SCODDOT);
      2. (B) on or after August 30, 1998, but before January 1. 2025, the rehabilitation specialist shall use the 1993 edition of the United States Department of Labor's Selected Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles (SCODRDOT) unless the board has designated a later revision or version of that volume under AS 23.30.041(p), as that subsection existed on December 31, 2024; or
      3. (C) on or after January 1, 2025, the rehabilitation specialist shall use the most recent version of the Occupational Information Network database published by the United States Department of Labor, Employment and Training Administration (O*NET) and may determine the employee's job's physical demands by using the Dictionary of Occupational Titles cross-references provided in the O*NET Crosswalk link; and
   3. (3) submit all job titles selected under (2) of this subsection with simultaneous copies to the employee's physician, the employee, the employer, and the administrator.

2. (b) When interviewing the employee the rehabilitation specialist whose name appears on the referral letter shall obtain descriptions of the tasks and duties for other jobs the employee held or for which the employee received training within 10 years before the injury, and any jobs held after the injury. The rehabilitation specialist shall

   1. (1) exercise due diligence to verify the employee's jobs in the 10 years before the injury and any jobs held after the injury;

   2. (2) review the appropriate volume or database listed in (A), (B), or (C) of this paragraph and select the most appropriate job title or titles that describe the jobs held and training received; if the employee's injury occurred

      1. (A) on or after July 2, 1988 but before August 30, 1998, the rehabilitation specialist shall use the United States Department of Labor's Selected Characteristics of Occupations Defined in the Dictionary of Occupational Titles (1981) (SCODDOT);
      2. (B) on or after August 30, 1998, but before January 1, 2025, the rehabilitation specialist shall use the 1993 edition of the United States Department of Labor's Selected Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles (SCODRDOT) unless the board has designated a later revision or version of that volume under AS 23.30.041(p), as that subsection existed on December 31, 2024; or
      3. (C) on or after January 1, 2025, the rehabilitation specialist shall use the most recent version of the Occupational Information Network database published by the United States Department of Labor, Employment and Training Administration (O*NET) and may determine the physical demands of jobs that the employee has held or received training for during the 10 years before the injury or that the employee has held following the injury for a period long enough to obtain the skills to compete in the labor market, compiled by using the Dictionary of Occupational Titles cross-references provided in the O*NET Crosswalk link;
   3. (3) identify all job titles identified under (2) of this subsection for which the employee meets the specific vocational preparation codes as described in the volume; and
   4. (4) submit all job titles identified under (3) of this subsection to the employee's physician, the employee, the employer and the administrator; if the physician predicts the employee will have permanent physical capacities equal to or greater than the physical demands of a job or jobs submitted under this paragraph, the rehabilitation specialist shall conduct labor market research to determine whether the job or jobs exist in the labor market as defined in AS 23.30.041(r)(3).

3. (c) The rehabilitation specialist whose name appears on the referral letter shall contact the employee's employer at the time of injury about employment in accordance with AS 23.30.041(f)(1). If the employer offers employment, the rehabilitation specialist shall

   1. (1) complete and submit a job analysis to the employee's physician, with a copy to the employee, the employer, and the administrator, to predict whether the job's physical demands are within the employee's post-injury physical capacities;
   2. (2) require the employer to complete an offer of employment on a form prescribed by the administrator, and document that the job offered will pay the employee at least the state minimum wage under AS 23.10.065 or an amount at least equal to 75 percent of the employee's gross hourly wages at the time of injury, whichever is greater; and
   3. (3) submit labor market research if the offer of employment meets the requirements of AS 23.30.041(f)(1); the research must document that the offered employment prepares the employee to be employable in other jobs that exist in the labor market at a level consistent with employee's predicted post-injury physical capacities and at a wage equivalent to at least the state minimum wage under AS 23.10.065 or 75 percent of the worker's gross hourly wages at the time of injury, whichever is greater.
4. (d) The rehabilitation specialist whose name appears on the referral letter shall determine whether the employee has previously declined reemployment benefits under AS 23.30.041(f)(2) or has been previously rehabilitated under AS 23.30.041(f)(3).
5. (e) If the employee has received a job dislocation benefit or has been previously rehabilitated in a former workers' compensation claim, the rehabilitation specialist shall obtain documentation of the previous job dislocation benefit or rehabilitation for purposes of AS 23.30.041(f)(2) and (3).
6. (f) The rehabilitation specialist whose name appears on the referral letter shall document whether a permanent impairment is identified or expected at the time of medical stability. This documentation may be either a physician's rating according to the appropriate edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment under AS 23.30.190 or a physician's statement that an impairment rating is or is not expected.

7. (g) In accordance with 8 AAC 45.500, and not later than 60 days after being selected, the rehabilitation specialist whose name appears on the referral letter shall submit a report of findings to the administrator, with simultaneous copies to the employee, and the employer regarding eligibility for reemployment benefits. The report must include

   1. (1) a recommendation regarding eligibility for reemployment benefits;
   2. (2) copies of all predictions by physicians, job titles identified under (a)(3) and (b)(4) of this section, and job analyses identified under (c)(1) of this section;
   3. (3) the completed offer of employment form, if employment has been offered;
   4. (4) labor market research, if necessary;
   5. (5) documentation of previous job dislocation benefits or rehabilitation, or evidence of efforts to obtain the information if not received; and
   6. (6) all physicians' ratings or statements regarding permanent impairment.
8. (h) Any additional information for the administrator's consideration in the eligibility determination shall be filed with the administrator and served on all parties and the rehabilitation specialist no later than 10 days after the rehabilitation specialist's report is filed.
9. (i) The employer shall pay costs associated with the employee's physician's review of documents submitted under this section, in compliance with AS 23.30.097.

(Eff. 7/2/98, Register 146; am 7/9/2011, Register 199; am 3/23/2025, Register 253)

Authority: AS 23.30.005, AS 23.30.041, AS 23.30.043