Performance Details

Department of Labor and Workforce Development - Workers' Compensation

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Mission

Ensure the efficient, fair and predictable delivery of indemnity, medical and vocational rehabilitation benefits intended to enable workers to return to work at a reasonable cost to employers.

Core Services

• Ensure compliance with the Workers' Compensation Act.
• Conduct timely Workers' Compensation hearings.
• Operate a timely and efficient appeals program.
• Process Fishermen's Fund claims timely.
• Administer a vocational rehabilitation benefits and training program for injured workers.

Mission Results	Core Services
A: All employers comply with AS 23.30, the Alaska Workers' Compensation Act.  Details > TARGET #1: Maintain ratio of uninsured injuries at .01% or less of Alaska's Workforce. TARGET #2: All uninsured employers take responsibility for uninsured injuries.	A1: Ensure compliance with the Workers' Compensation Act.  Details > TARGET #1: Investigate all alleged uninsured employers. TARGET #2: Investigate all alleged Workers' Compensation Act fraud. TARGET #3: 75% of investigations are completed within six months. TARGET #4: Educate employers about the Workers' Compensation Act requirements.
Mission Results	Core Services
B: Improved delivery of efficient, low cost and legal informal and formal dispute resolution.  Details > TARGET #1: Resolve at least 90 percent of disputed issues without a formal hearing. TARGET #2: Process open cases at the Appeals Commission within 250 days.	B1: Conduct timely Workers' Compensation hearings.  Details > TARGET #1: All written decisions will be issued within 30 days of record closure. TARGET #2: Hearings will be scheduled within an average of 90 days from receipt of readiness for hearings. B2: Operate a timely and efficient appeals program.  Details > TARGET #1: Issue final Workers' Compensation Appeals Commission decisions within an average of 90 days of record closure.
Mission Results	Core Services
C: More Alaskans available for jobs.  Details > TARGET #1: Requests for reimbursement from the Fishermen's Fund will be paid within 30 days of receipt. TARGET #2: 20 percent of injured workers eligible for reemployment benefits complete a viable retraining plan.	C1: Process Fishermen's Fund claims timely.  Details > TARGET #1: Keep the number of days it takes to get the Fishermen's Fund Advisory & Appeals Council's approval to within 90 days. C2: Administer a vocational rehabilitation benefits and training program for injured workers.  Details > TARGET #1: Reduce the percentage of retraining plans that are returned to the rehabilitation specialists by 20 percent per year until no plans need to be returned. TARGET #2: Review of all pending retraining plans will be performed quarterly.

Performance Detail

Target #1: Maintain ratio of uninsured injuries at .01% or less of Alaska's Workforce. Methodology: Number of injuries is based on claims made to the Workers' Compensation Board. Workforce is the "Labor Force" determined by the Division of Research & Analysis. Percentage of Employee Injuries Uninsured Under Workers' Compensation Fiscal Year Injuries Workforce % of Workforce FY 2021 21 348,043 .006% FY 2020 20 344,159 .006% FY 2019 38 354,141 0.01% FY 2018 27 360,804 .007% FY 2017 24 363,612 .007% FY 2016 29 339,092 .008% FY 2015 16 366,569 .004% FY 2014 14 367,166 .005% FY 2013 20 365,537 .006% FY 2012 36 365,681 .010% FY 2011 9 358,000 .003% FY 2010 17 344,100 .005% FY 2009 77 335,000 .023% Analysis of results and challenges: During FY2021, Special Investigations Unit (SIU) received notification of 27 allegations of uninsured injury and fully investigated each one. Out of the 27 alleged uninsured injuries allegations, 21 were confirmed to have occurred and were uninsured. This could be due to unpaid premiums, failure to renew their policy, or failure to become insured in the first place. Out of the remaining seven allegations of uninsured injury, three were later found to be insured (two under corrected employer names, and one under the Jones Act). Out of the remaining four allegations of uninsured injury, three alleged uninsured injured workers never filed a report of injury or workers’ compensation claim with the division. Employer identity could not be established in the one remaining allegation of uninsured injury, despite multiple attempts to connect with the alleged uninsured injured worker. Out of the 21 confirmed uninsured injuries, 20 uninsured workers filed workers' compensation claims against the Benefits Guaranty Fund which is funded through penalty payments from uninsured employers. However, two of the 20 workers’ compensation claims were insured by the general contractor pursuant to AS 23.30.045. The one remaining uninsured injury was reported to the division, but the employer paid the benefits and expenses directly to the family of the deceased worker without filing a workers’ compensation claim against the Benefits Guaranty Fund. It should also be noted that the 21 confirmed uninsured injuries involved 17 injured workers, as some had multiple injuries established as separate cases (one injured worker had three separate but joined matters, and two injured workers each had two separate but joined matters).

Target #2: All uninsured employers take responsibility for uninsured injuries. Methodology: During FY2021, out of the total 21 confirmed uninsured injuries, a total of 20 uninsured injured workers filed workers' compensation claims against their uninsured employers and the Benefits Guaranty Fund, and one filed a report of uninsured injury with the division. Of all 21 confirmed uninsured injuries, 16 of their employers are actively participating in the uninsured injury case. Injured workers in the remaining 5 confirmed uninsured injuries have failed to pursue compensation for their injuries before the Alaska Workers' Compensation Board, and therefore these employers have not been ordered to pay compensation and need not participate in the matters until the injured workers pursue their claims. Analysis of results and challenges: During FY2020, out of the total 20 confirmed uninsured injuries, a total of 8 uninsured injured workers filed workers' compensation claims against their uninsured employers and the Benefits Guaranty Fund, and their employers are actively participating in the uninsured injury case. The remaining 16 uninsured injured workers opted to not pursue compensation for their injuries before the Alaska Workers' Compensation Board, and therefore these employers have not been ordered to pay compensation and need not participate in the matter until the injured workers pursue their claims.

Target #1: Investigate all alleged uninsured employers. Analysis of results and challenges: The Special Investigations Unit (SIU) conducted 368 compliance checks and found 272 of those alleged uninsured employers in compliance. The remaining 96 alleged uninsured employers were referred for further investigation. SIU began FY2021 with 88 pending failure to insure investigations and opened or reopened another 235 cases for a total of 323 active formal investigations worked during FY2021. These investigations typically begin within a day or two and range from conducting simple compliance checks that do not result in opening a formal failure to insure investigation to completing the more complex investigations that result in issuance of warning letters, penalties agreed upon via the settlement process, and formal hearings. Out of 323 active formal investigations, SIU closed 240 in FY2021. Of the 240 investigations closed, 152 were resolved as investigations only (meaning that either (1) proof of coverage (POC) was found, (2) proof of coverage was no longer necessary due to business closure/no longer operating with employees, or (3) the employers coverage reinstatement resulted in a small enough lapse that pursuing a penalty would not be cost effective). Out of 88 remaining closed investigations, 88 cases resulted in penalties assessed to employers via stipulated settlement (81) or formal decision and order issued by the Alaska Workers' Compensation Board (7). A total of 95 employers were petitioned for failure to insure in FY2021. Twelve petitions were withdrawn due to either POC found or business closure. There were 88 remaining investigations actively pending at the close of FY2021.

Target #2: Investigate all alleged Workers' Compensation Act fraud. Methodology: The number of Workers' Compensation Act fraud allegations is calculated by adding the total number of calls received from the public alleging criminal fraud perpetrated by a claimant, employer, care provider, insurer/claims administrator, or attorney to the total number of requests for assistance received from other law enforcement agencies. Analysis of results and challenges: The Special Investigations Unit received 143 fraud allegations in FY2021. Of the 143 fraud allegations, 13 were alleged claimant fraud, 64 were alleged employer fraud, 2 were alleged care provider fraud, 0 were alleged attorney/non-attorney rep fraud, 0 were alleged insurance company/agent fraud, 58 were other agency assist requests, 4 were both agency assist and employer fraud and 2 were not related to workers' compensation fraud.

Target #3: 75% of investigations are completed within six months. Methodology: The percentage of investigations completed within six months is generated by comparing the total number of cases investigated within the fiscal year against the total number of cases investigated within the fiscal year that are closed for any reason within 180 days. Analysis of results and challenges: The Special Investigations Unit (SIU) investigated a total of 323 formal failure to insure matters, including those carried over from FY2020 and new matters opened in FY2021. Of the 240 failure to insure investigations closed, 164 were closed within 180 days from the actual date opened to the actual date closed.

Target #4: Educate employers about the Workers' Compensation Act requirements. Methodology: The number of employers educated is generated by adding the total number of attendees at formal employer education presentations, to the total number of documented public inquiries received, to the total number of onsite visits conducted. Analysis of results and challenges: During FY2021, the Special Investigations Unit (SIU) conducted 0 formal education presentations, responded to 256 documented public inquiries, and conducted a total of ten onsite visits for a total of 266 educated employers. Not being able to travel to communities outside the regional areas or provide in-person presentations during the COVID-19 pandemic continued to have a dramatic impact on SIU's decreased proactive education activity during FY2021.

Target #1: Resolve at least 90 percent of disputed issues without a formal hearing. Methodology: Total number of claims and petitions filed, compared to the number of decisions and orders issued. Analysis of results and challenges: The Division of Workers' Compensation continues to achieve the goal to resolve at least 90 percent of all claims and petitions without a formal hearing. Many less complex issues are resolved at prehearing conferences by Workers' Compensation Officers and Hearing Officers. Many of the more contentious cases with difficult parties are resolved through mediation, which saves the parties and the division hours of hearings and weeks of work for a Hearing Officer and board panel. For example, in FY2021, the division's mediation program mediated 72 cases, of which 48 were resolved, 20 were partially resolved and 4 were not resolved, in comparison to 164 cases decided by formal hearings and written decisions. The division is challenged by non-attorney representatives who attempt to assist injured workers and provide incorrect advice, miss deadlines or complicate simple cases. The division recommends a statutory amendment that forbids persons who are not licensed attorneys from representing claimants. The division is also challenged by self-represented claimants with mental health concerns that interfere with their ability to effectively utilize advice given on how to pursue their rights under the Workers' Compensation Act. The division will seek guardianship for claimants with mental illness that renders them incompetent to protect and pursue their rights under the Act. The division will continue to provide increased training opportunities to help self-represented claimants and non-attorney representatives more effectively and efficiently navigate the process.

Target #2: Process open cases at the Appeals Commission within 250 days. Methodology: The average number of days from the filing of an appeal or petition for review to the issuance of a final order or decision. Analysis of results and challenges: The Commission's FY2021 docket contained cases filed in FY2020 and cases filed in previous fiscal years, as well as cases remanded from the Alaska Supreme Court. The average time period from the filing of an appeal or petition for review to the issuance of a final order or decision in cases closed on the FY2021 docket was 187 days, with 90 percent of those cases being closed in less than 360 days from the filing of the appeal or petition for review. In addition to continuing a high level of compliance with the statute, the Commission has been able to close 66 percent of cases filed with the Commission within 250 days of receiving the case.

Target #1: All written decisions will be issued within 30 days of record closure. Methodology: N/A Analysis of results and challenges: The Alaska Workers' Compensation Board hears claims regarding disputes of entitlement to benefits under the Alaska Workers' Compensation Act. After the hearing record closes, the division has 30 days to complete its work and write a formal decision and order based on the board's determination. Those determinations will either allow or disallow an injured worker various benefits under the Alaska Workers' Compensation Act. The division in FY2021 did not meet this target of 100 percent. While the average number of days after record closure to decision issuance was 30.9 days, more difficult cases with typically enormous factual records in some instances took significantly longer for a variety of reasons. Training for hearing officers is also needed and being pursued to cut down on unnecessary factual finds that slow down the decision-writing process. The division will continue to work toward the goal of issuing all decisions within 30 days of record closure.

Target #2: Hearings will be scheduled within an average of 90 days from receipt of readiness for hearings. Methodology: N/A Average Number of Days between Request for Workers' Compensation Hearing and Hearing Date Fiscal Year Average FY 2021 124 FY 2020 92 FY 2019 81 FY 2018 82 FY 2017 78 FY 2016 71 FY 2015 74 FY 2014 72 FY 2013 75 FY 2012 78 FY 2011 86 FY 2010 79 FY 2009 158 Analysis of results and challenges: The division did not meet this target in FY2021. Frequently, self-represented parties or parties represented by non-attorney representatives request hearings prematurely when they are not actually ready for a hearing and further discovery or medical examinations still need to occur. Once parties are truly ready to go to a hearing, the division offers parties requesting a hearing the first available hearing date in all circumstances. In most instances, it is up to the parties or their representatives whether or not they accept that earliest hearing date. Frequently, one or both parties do not accept the earliest available hearing date, due to other commitments and innumerable other reasons. A recent shift to strictly enforcing existing statutes and regulations regarding appeals and other remedies from prehearing conference discovery determinations should bring this gap down significantly going forward.

Target #1: Issue final Workers' Compensation Appeals Commission decisions within an average of 90 days of record closure. Methodology: The average number of days from record closure to issuance of a final decision is for published final decisions only, and is not adjusted for cases with decisions on reconsideration, decisions on remand from the Alaska Supreme Court, or unpublished orders. Analysis of results and challenges: In FY2021, the Commission issued 9 published written final decisions of which 56 percent were made within 90 days of record closure. One decision was issued in 91 days, one decision was issued in 95 days, one decision was issued in 97 days, and one decision was issued in 140 days. The overall average for published written final decisions was 88 days from record closure. The Commission also published two memorandum decisions: one on a petition for review, and one on a show of good cause. In FY2021, the Commission issued 99 unpublished orders in addition to the 9 published decisions.

Target #1: Requests for reimbursement from the Fishermen's Fund will be paid within 30 days of receipt. Methodology: Includes new and existing claims that have been found eligible for Fish Fund benefits and were processed. Average Number of Days to Process a Fishermen's Fund Claim Fiscal Year # of claims paid FY 2021 143 FY 2020 197 FY 2019 230 FY 2018 269 FY 2017 286 FY 2016 294 FY 2015 290 FY 2014 371 FY 2013 333 FY 2012 373 FY 2011 447 FY 2010 629 FY 2009 698 FY 2008 705 Analysis of results and challenges: In FY2021, the number of claims received by the Fishermen's Fund totaled 193 with 130 claims approved for benefits (125 by fund administration and 5 by the Fishermen's Fund Council). The average number of days from filed petition for benefits to approval on claims approved by the fund administration was 46 days. The average number of days from approval to payment of benefits was 46 days on claims approved by the fund administration. The Fund processed benefit payments for 143 claims (includes new and existing claims). A total of 581 bill payments were issued by the Fund. The Fund has been diligent in improving processing of first payments on claims under $10,000. The Fund has actively worked with injured fishermen and providers to ensure that submitted claims contain all required documentation upon initial presentation through the first 90 days via phone call or email. In FY2021, regulation change under 8 AAC 55.010 was approved to extend initial treatment from 90 days to 120 days. In FY2010, the Fishermen's Fund benefit limit was raised from $2,500 to $10,000 by the legislature and provided vessel owners’ reimbursement of a portion of their Protection & Indemnity (P&I) insurance deductible if the injured fishermen filed a claim with the P&I insurer. In FY2019, the Legislature agreed to increase the reimbursable portion of the P&I deductible payment to $5,000 and this change will become effective in FY2020. - For FY2021, P&I insurance coverage paid benefits on 14 of the 193 claims submitted to the Fund. Claims filed by fisherman are cyclical with the fishing season. The Fund receives 50 percent of its claims between July and October. The fund administration approved 125 claims of which 68 claims were approved within 30 days of receipt and 106 claims were paid benefits within 30 days or less of approval date. Delayed decisions and payments were issued on 55 claims for the following reasons: 1. The Fund did not receive required medical bills, chart notes, and explanation of benefits with the claim. 2. The Fund was unable to verify a valid license or permit. 3. The Fund requested additional information and the information was not provided.

Target #2: 20 percent of injured workers eligible for reemployment benefits complete a viable retraining plan. Percent of Eligible Injured Workers Who Completed a Retraining Plan Fiscal Year # Eligible # Completing Plan % Completing FY 2021 90 7 7.7% FY 2020 96 10 10.4% FY 2019 136 11 8.1% FY 2018 135 14 10.4% FY 2017 148 14 9.5% FY 2016 186 13 5.9% FY 2015 219 14 6.4% FY 2014 215 13 6.0% FY 2013 200 17 8.5% FY 2012 214 18 8.4% FY 2011 279 17 6.1% FY 2010 258 38 14.7% FY 2009 312 40 12.8% Analysis of results and challenges: The number of employees eligible for reemployment plans decreased in FY2021, while the number of completed plans also decreased. As a result, the percentage of completed plans decreased. In FY2021, 27 injured workers determined eligible for reemployment benefits exited the reemployment benefits system by selecting the job dislocation benefit under AS 23.30.041(g)(2); an additional 55 injured workers found eligible settled reemployment benefits in a Compromise and Release agreement at some point after eligibility and prior to plan completion. These two factors significantly limit the number of injured workers available to participate in a retraining plan. Also, as training costs continue to rise it becomes more difficult for rehabilitation specialists to develop retraining plans within the $13,300 statutory limit under AS 23.30.041(l). Finally, for workers that have been in the workforce for a number of years, the statutory two-year time limit on retraining plans is not always sufficient and time expires prior to plan completion for an additional subset of workers.

Target #1: Keep the number of days it takes to get the Fishermen's Fund Advisory & Appeals Council's approval to within 90 days. Methodology: N/A Analysis of results and challenges: The Fishermen's Fund Council reviews all claims denied by the Fund Administrator, all applications for benefits that exceed the Fund Administrator's statutory limit of $10,000, and all requests to extend duration of care. The Council meets twice a year. The Council may deny a claim with conditions. These conditions could be a request for more information or documentation from the fisherman, especially if the request is a substantial dollar amount or extension of care beyond statutory limits. For FY2021, the Council reviewed 38 claims, of which 19 were appeals. 16 appealed claims were approved and 3 were denied. The Council also reviewed 19 claims denied by the Fund Administration. For FY2021, the average number of days from filed petition for benefits to approval on claims approved by the Fishermen's Fund Council was 48 days.

Target #1: Reduce the percentage of retraining plans that are returned to the rehabilitation specialists by 20 percent per year until no plans need to be returned. Methodology: N/A Percent of Retraining Plans Returned to Rehabilitation Specialists Fiscal Year # Plans Submitted # of Plans Returned Percent Returned FY 2021 40 7 17.5% FY 2020 45 5 15% FY 2019 58 4 6.9% FY 2018 52 11 21.2% FY 2017 65 9 13.8% FY 2016 71 5 7.04% FY 2015 88 6 6.82% FY 2014 74 4 5.41% FY 2013 80 7 8.75% FY 2012 124 27 22% FY 2011 163 38 23% FY 2010 116 20 17% FY 2009 155 23 15% Analysis of results and challenges: In FY2021, there were fewer plans submitted, but more plans returned to rehabilitation specialists. This is primarily a function of the number of disputed plans that require Reemployment Benefits Administrator (RBA) review. Nearly all plans submitted for review by the RBA are suspended or denied because they do not meet statutory requirements; plans about which neither party has concerns are agreed to without RBA review. For high wage earners it can be impossible to meet the requirements of the law that the plan meet the remunerative wage (60% of the wage prior to injury). Even if there is theoretically a means (occupational goal) to meet the wage, statutory time (two years) and more so cost ($13,300) limitations can be the barrier. Of course, the mental and physical capacities of the injured worker can also provide barriers to developing a plan that meets the requirements of the law. Rehabilitation specialists are left more and more with the option of submitting a plan they know would not pass RBA review, hoping the parties will agree to it anyway.

Target #2: Review of all pending retraining plans will be performed quarterly. Methodology: N/A Analysis of results and challenges: The Reemployment Benefits Administrator reviewed all pending retraining plans quarterly in FY2021. Except for two quarters when the position was vacant in FY2019 and FY2020 the Reemployment Benefits Administrator has reviewed all pending training plans on a quarterly basis for the past ten fiscal years.

Current as of November 22, 2021