OPINION
CARPENETI, Justice.
I. INTRODUCTION
A worker filed a claim for worker's compensation after injuring her elbow while working for her employer. Therapy did little to alleviate her condition, yet she did not undergo surgery until two years later after changing doctors. Before undergoing that surgery, the worker was laid off by the employer. She applied for total temporary disability benefits from the time of her lay-off to the date of her ultimately successful surgery. She overeame a presumption of medical stability and was awarded benefits even though she received unemployment benefits for part of the claimed period. Because the Workers' Compensation Board did not err in finding that the worker overcame the presumption of medical stability, and because receipt of unemployment benefits does not absolutely bar temporary total disability benefits if the unemployment benefits are paid back, we affirm the decision of the superior court that affirmed the decision of the board.
IIL FACTS AND PROCEEDINGS
A. Facts
Mabel "Tiny" DeShong was an administrative assistant for Alyeska Pipeline Services Company (Alyeska) when she filed a report of occupational injury or illness with the Alaska Workers' Compensation Board (board) on January 11, 1998. She alleged that her job-related use of a computer mouse resulted in right elbow joint pain.
DeShong's first doctor, Robert D. Dinge-man, M.D., diagnosed her as having activity-related right dominant elbow medial condyli-tis on January 13, 1998. Dr. Dingeman fitted her for a splint, arranged for physical therapy, and discussed the possibilities of cortisone injections and surgery. Alyeska arranged for an ergonomic workstation evaluation, and then implemented the recommendations of the evaluation, modifying DeShong's work environment in an effort to alleviate her symptoms.
Following several rounds of therapy and use of the improved workspace, DeShong was doing considerably better at her April 1998 appointment with Dr. Dingeman. At that time, she told him that she did not want cortisone injections. In June 1998 Dr. Dingeman stated that she ought to consider having surgery in the future. He placed DeShong's arm in a cast for two weeks. Because of her objections to surgery, Dr. Dingeman stated in August 1998 that she was not a surgical candidate, but he recommended that she obtain a second opinion by an orthopedist within two weeks.
In September 1998 Dr. Dingeman again recommended that DeShong be evaluated by one of the two hand surgeons in Anchorage, though she was "rather determinedly a nonsurgical candidate as yet." In the same September 1998 report, Dr. Dingeman said, "I would state again for the record my recommendation that she be evaluated further by [1229]*1229one of the two hand surgeons in Anchorage soon."
In October 1998 Alyeska requested that DeShong be evaluated by Dr. Michael Gev-aert pursuant to an employer-sponsored independent medical evaluation (EIME). Dr. Gevaert diagnosed her as having chronic medial epicondylitis. He found that twelve weeks of physical therapy had failed to produce favorable results and noted that she did not want to consider steroid injections. Dr. Geveart, therefore, found that she had reached medical stability 1 and recommended a functional capacity evaluation to determine her permanent work restrictions.2
DeShong returned to Dr. Dingeman in November 1998 because she continued to experience pain and discomfort in her arm. Dr. Dingeman found her lack of improvement over so many months to be of concern. He speculated as to surgical exploration but ree-ommended that such consideration "be deferred until after any disposition process occurs."3
In December 1998 DeShong was laid off by Alyeska. During her visit on January 19, 1999, Dr. Dingeman noted that she had "reached 'statutory stability' [but had] not reached clinical stability in the natural course and progression of her condition."4 Such progression, Dr. Dingeman stated, could last up to eighteen months. DeShong asked whether she should obtain an additional opinion, and he endorsed that idea for "disposition purposes."
DeShong was again seen by Alyeska's doe-tor, Dr. Gevaert, in April 1999. Dr. Gevaert, finding no significant functional change since October 26, 1998, said that she remained medically stable. As DeShong had undergone a physical capacity evaluation that concluded that she could perform her usual and customary job, Dr. Gevaert found there to be no permanent work restrictions.
The question whether DeShong was entitled to a second opinion took on great importance. While she was being treated, DeSh-ong expressed her desire to both Alyeska and Dr. Dingeman that she obtain a second opinion from a doctor of her choice. She did not obtain a second opinion until August 1999, after Dr. Dingeman had found her to be medically stable.
There was substantial confusion on the part of DeShong and Dr. Dingeman over whether or not DeShong was entitled to a second opinion. In July 1999 DeShong filed a claim with the board alleging that Alyeska had denied her request for authorization to visit another doctor for a second opinion. DeShong alleged that she was told by Alyes-ka that the company had already paid for a second opinion, that of Dr. Gevaert. DeSh-ong also asserted that she was told by Alyes-ka's representative that she would still be able to have a second opinion by a doctor of her own choice if she saw Dr. Gevaert. Alyeska replied by asserting several affirmative defenses, including that Dr. Dingeman was DeShong's treating physician and that he had not referred her for a second medical opinion. Dr. Dingeman, however, thought that it was Alyeska's responsibility to arrange a second opinion. Dr. Dingeman noted in July 1999 that
[1230]*1230[slomehow the patient has the impression that the previously recommended second opinions and consultations can be facilitated through this office. It was shared back that typically the carrier must make those arrangements with the doctors who consider and accept such cases. Usually the adjuster/rehabilitation specialist obtains the physician and provides them with a list of clinical and administrative questions to be addressed, and that there are cireum-stances making availability of physicians for these types of evaluations available is known to both the adjusters and the board. The circumstances by which these challenges arose in the last year are not within the power of this individual office to alter or facilitate.
Although Dr. Dingeman had requested that DeShong be evaluated by a specialist on several occasions, he told DeShong that such arrangements needed to be made through Alyeska. This is incorrect. By law, Dr. Dingeman could have referred DeShong to another doctor for further evaluation.5 When DeShong requested permission from Alyeska to obtain a second opinion as Dr. Dingeman advised her to do, Alyeska denied the request. When DeShong was made aware that she could change physicians at the prehearing conference before the board, she did so.
DeShong saw Dr. Carl Unsicker, who diagnosed her as having medial epicondylitis 6 and possible ulnar entrapment.7 He recommended a nerve conduction study 8 and a reevaluation for surgery. Dr. Jeremy Becker reviewed the results of the nerve conduction study and concluded that DeShong suffered from mild median neuropathy 9 in the right wrist with significant ulnar neuropa-thy 10 in the right elbow. Upon receiving Dr. Becker's recommendation of surgery, DeSh-ong consented and surgery was successfully performed on September 15, 1999.
Until DeShong's surgery, Dr. Dingeman allowed her to continue working in a light duty capacity. Alyeska had been accommodating DeShong's work restrictions until she was laid off on December 27, 1998. After being laid off, DeShong sought and received unemployment benefits until her surgery, at which time Alyeska began paying Temporary Total Disability (TTD) benefits for the period of surgery and recovery.
B. Proceedings
In July 1999 DeShong filed a claim for TTD benefits from the time of her layoff in December 1998 through that date. DeShong testified at the March 2000 board hearing that she wanted to repay her unemployment benefits and instead receive TTD benefits from the time of her layoff to the date of her surgery. The board considered whether DeShong was entitled to TTD benefits for the time between her layoff and surgical treatment.
Alyeska contended before the board that DeShong was ineligible for benefits as she had reached medical stability during the claimed benefits period. The board found that although Dr. Dingeman considered [1231]*1231DeShong to be medically stable, there was no dispute that she had improved after surgery. Because Dr. Dingeman had consistently recommended a second evaluation throughout his treatment and because DeShong improved after surgery, the board found that DeShong had produced clear and convincing evidence of no medical stability. The board accordingly found that DeShong was entitled to TTD benefits through the period of disability.
Alyeska also argued that DeShong remained legally ineligible for TTD benefits because she had collected unemployment benefits while she was laid off. The board found that DeShong had clearly disclosed her worker's compensation work limitations on her unemployment application. Since she was unable to find work that fit her restrictions, the board found that her injury precluded her from finding a job in the real market. Provided she pay back the unemployment benefits she received from December 29, 1998 to September 15, 1999, the board found she was eligible for TTD benefits during that time.
Alyeska appealed this decision to the superior court. Superior Court Judge Fred Tor-risi found that Dr. Dingeman did not understand that DeShong had a legal right to a second opinion, nor did DeShong. Given DeShong's ambivalence towards surgery and Dr. Dingeman's finding that she had not reached "clinical stability," the court found that "a reasonable mind could accept that DeShong had not during these months reached statutory stability, and that her surgery was delayed due to her ignorance of her right to a timely referral [for a second opinion]." The court therefore upheld the board's decision to award TTD benefits.
The superior court next considered whether payment of unemployment benefits constituted an absolute bar to DeShong's receipt of TTD benefits. It found that interpretation of the unemployment statute was within the board's expertise and that the board's interpretation was reasonable, and it concluded that the statute does not present an absolute bar to receipt of TTD benefits. The court therefore affirmed the decision of the board to allow DeShong to receive TTD benefits provided she return her unemployment benefits. Alyeska appeals.
III. STANDARD OF REVIEW
When the superior court acts as an intermediate court of appeal in an administrative matter, we independently review and directly scrutinize the merits of the board's decision.11 Factual findings made by the board are reviewed under the "substantial evidence" standard.12 Factual findings will be upheld so long as there is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." 13
In questions of law involving the agency's expertise, a rational basis standard will be applied and we will defer to the agency's determination so long as it is reasonable.14 The rational basis standard is applied where the agency's expertise is involved or where the ageney has made a fundamental policy decision.15
We will substitute our own judgment for questions of law that do not involve agency expertise.16 In such cases we "adopt the rule of law that is most persuasive in light of precedent, reason, and policy."17
IV. DISCUSSION
A. DeShong Produced Clear and Convincing Evidence that She Was Not Medically Stable During the Time in Dispute.
The Alaska Workers' Compensation Act awards TTD benefits to those workers [1232]*1232who have not reached medical stability pursuant to AS 28.80.185.18 Medical stability is reached at
the date after which further objectively measurable improvement from the effects of the compensable injury is not reasonably expected to result from additional medical care or treatment, notwithstanding the possible need for additional medical care or the possibility of improvement or deterioration resulting from the passage of time; medical stability shall be presumed in the absence of objectively measurable improvement for a period of 45 days; this presumption may be rebutted by clear and convincing evidence. ... [19]
Alyeska argues that no physician expected that DeShong would experience objectively measurable improvement in her condition during the time in dispute, and hence she had reached medical stability. Although Dr. Dingeman originally indicated that surgery was a possibility, Alyeska asserts that subsequent indications prevented him from recommending surgery around August 1998, four months before the benefit period in dispute.
The board found that Dr. Dingeman considered DeShong's condition to be medically stable under AS 28.30.395(21). DeShong was therefore required to show clear and convine-ing evidence that she was not medically stable.20 But the board also found that Dr. Dingeman recommended evaluation by a specialist and that DeShong was reluctant to undergo surgery until she received Dr. Becker's recommendation. Because DeShong therefore had a legitimate reason for delay, and because the surgery was ultimately sue-cessful, the board concluded that clear and convincing evidence showed that DeShong was not medically stable before the surgery and therefore was entitled to TTD benefits.
As noted above,21 Dr. Dingeman consistently suggested surgery as an option or recommended that DeShong obtain a second opinion. He suggested surgery for the first time in January 1998, and suggested a see-ond opinion for the first time in August of that year. Then, in four other reports dating from September 1998 to May 1999, Dr. Dingeman either mentioned surgery as an option or suggested that DeShong obtain a second opinion from an orthopedist. Under these cireumstances, there was substantial evidence to support the board's finding that she had produced clear and convincing evidence that she was not medically stable.
B. The Board Did Not Assign to Alyes-ka the Responsibility of Managing DeShong's Medical Care.
The Act allows an employee to designate his or her treating physician.22 An employee may change physicians once without the written consent of the employer.23 Referral to a specialist is not considered a change in physicians.24 An employer can require an employee to see a physician of the employer's choice as well, with this visit being separate from an employee's right to choose his or her physician.25 An employee can also be referred to [1233]*1233a specialist or change physicians.26
Alyeska argues that the board incorrectly held Alyeska responsible for managing DeShong's medical care. Any delay in DeShong's referral to a second physician, Alyeska contends, is the result of Dr. Dinge-man's misreading of the workers' compensation statute. Therefore, Alyeska argues, it should not be held responsible for the delay in DeShong's surgery.
But the board's decision does not hold Alyeska responsible for the delay in DeSh-ong's surgery; it merely noted that the combination of the employer's delay in providing an evaluation for the surgery and the final outcome of the surgery produced clear and convincing evidence of no medical stability. And Alyeska was aware of DeShong and Dr. Dingeman's confusion over DeShong's rights under the Act, because copies of Dr. Dinge-man's reports were sent to Alyeska. Alyes-ka, therefore, had notice of the confusion over whether or not DeShong was a surgical candidate; it was also aware of Dr. Dinge-man's desire for a second opinion by a specialist.
The board's decision does not have the effect of making Alyeska responsible for managing DeShong's health care. But it does recognize DeShong's understandable confusion concerning the seope of her rights. And the superior court properly emphasized the traditional reluctance of courts to find that a worker has waived procedural rights to seek compensation unless the worker is clearly informed of those rights. As the superior court summarized the situation:
In construing the applicable workers' compensation statutes, the Board must be guided by the admonition of the courts over the last 40 years that it has a duty to fully advise injured workers,. Alyeska agrees that Dr. Dingeman did not appear to understand the applicable law, and it is apparent that Ms. Deshong didn't either. All of the reports were copied to the Board contemporaneously. In October and November of 1998, Dr. Dingeman was still mentioning surgery, while also saying Ms. Deshong didn't want it, and in January of 1999 he said she had not reached "clinical stability." He specifically said "she asked about an additional opinion." In May they were still talking in the same vein, and in July Dr. Dingeman noted that there had been "no additional inquiries from the carrier." Under these cireumstances, based on the entire record, a reasonable mind could accept that Ms. Deshong had not during these months reached statutory stability, and that her surgery was delayed due to her ignorance of her right to a timely referral.
Given DeShong's confusion and our unwillingness to find that a worker has waived procedural rights to seek compensation unless the worker is clearly informed of those rights, we agree with the superior court's resolution of this issue.
C. The Board Did Not Err in Awarding TTD Benefits to DeShong for a Period of Time in Which She Was Receiving Unemployment Benefits on Condition that She Repay the Unemployment Benefits.
Alaska Statute 28.80.187 provides:
Compensation is not payable to an employee under AS 23.30.180 [compensation for permanent total disability] or 23.80.185 [compensation for temporary total disability] for a week in which the employee receives unemployment benefits.
Alyeska argues that the board erred as a matter of law under this statute in awarding TTD benefits to DeShong for a period of time in which she had already received unemployment benefits. The board found that the entire record showed that DeShong clearly disclosed her light duty limitations in her application for unemployment. Because she was unable to find work under these restrictions, the board concluded that her injury precluded her from a job in the "real market." The board awarded her TTD benefits for the claimed period "provided she repays the [unemployment insurance] benefits received as required by [ ] AS 28.30.187."
In upholding the board's decision, the superior court found the board's interpreta[1234]*1234tion of AS 28.30.187 to be within the board's area of expertise and applied the deferential rational basis standard of review. But the statute does not involve any interpretation or question of law relating specifically to workers' compensation. Where the question presented does not involve agency expertise, the substitution of judgment standard is used.27 This "standard is appropriate where the knowledge and experience of the agency is of little guidance to the court or where the case concerns ' "statutory interpretation or other analysis of legal relationships about which courts have specialized knowledge." ' 28 Accordingly, we use our own judgment in reviewing the board's decision.
We have not previously faced the issue now before us.29 We must interpret AS 23.30.187 to determine if it presents an absolute bar to receipt of TTD benefits by an injured worker who has already received unemployment benefits.
In interpreting a statute, we consider its language, its purpose, and its legislative history, in an attempt to "give effect to the legislature's intent, with due regard for the meaning the statutory language conveys to others." 30 As we have explained, "[in order to interpret a statute contrary to its plain meaning, ' "the plainer the language, the more convincing contrary legislative history must be." '" 31
Alaska Statute 23.30.187 clearly precludes the contemporaneous receipt of temporary or permanent total disability benefits and unemployment benefits.32 Yet on its face, the statute says nothing about whether an employee who has received unemployment benefits for a week during which she was eligible for, but did not receive, workers' compensation benefits, may repay the former in order to qualify for the latter.33 Because of this inherent ambiguity, we turn to the purpose of the statute and its accompanying legislative history for indications of whether the legislature intended that such action be prohibited.
The purpose of the workers' compensation system is to "compensate the victims of work-related injury for a part of their economic loss." 34 Under this system, each employer is required to have workers' compensation insurance to cover its potential compensation costs,35 resulting in the employer and the consumers of its goods bearing much of the financial cost of the system. As we explained in Wright v. Action Vending Co.,36
[tlhe ultimate social philosophy behind compensation liability is belief in the wisdom of providing, in the most efficient, most dignified, and most certain form, financial and medical benefits for the victims of work-connected injuries which an enlightened community would feel obligated to provide in any case in some less satisfactory form, and of allocating the burden of these payments to the most appropriate [1235]*1235source of payment, the consumer of the product.37
Turning to the legislative history, there is no indication that the legislature sought to render ineligible for workers' compensation benefits an employee who has previously collected unemployment insurance. Instead, what it does reveal are concerns regarding double recovery, the receipt of workers' compensation benefits by employees who have already reached medical stability, and the disincentive to return to work created by overpayment to injured workers.
At the beginning of the Twelfth Legislature's second session, Representative Terry Martin, Chair of the House Labor and Commerce Committee, circulated an open letter regarding House Bill 159 (H.B.159) to "(alll concerned about Alaska's Workers Compensation." 38 In the letter, Representative Martin explained:
Changes have taken place in our state which now result in a number of claimants drawing excessively large benefit amounts or drawing benefits when they should not be entitled to them at all. An effort should be made to seek alternatives that would eliminate oversized, unearned benefits while still protecting the vast majority of the workforce.[39]
Representative Martin recognized the possibility of overlap between workers' compensation and unemployment insurance benefits received by partially disabled workers who, while unable to perform their previous jobs, were still eligible to work, and proposed that they receive a dollar-for-dollar offset.40 This proposal was not adopted, leaving open the possibility that a partially disabled worker could simultaneously receive both unemployment and workers' compensation benefits.
The concerns of Alaska's businesses were reflected in a report prepared by the Alaska Conference of Employers, Inc. (ACE) entitled "Recommended Changes to the Alaskan Workers' Compensation Act." 41 One of the suggestions made in this report pertained to employees receiving or eligible to receive both unemployment and workers' compensation benefits.42 Concerned about overcompensating injured employees, ACE explained:
The Workers' Compensation Act has been called upon throughout the years to compensate employees after they reach the date of maximum medical improvement and before that point in time when employment opportunities improve and jobs become available. The practice is based upon the theory that a compensable injury caused a loss of the job, and therefore the unemployment is the result of the industrial injury and workers' compensation is proper until a new job is available.[43]
Believing that the workers' compensation system should not bear the burden of supporting employees whose physical conditions are not expected to improve, ACE proposed that the primary benefit in such situations be unemployment insurance, and that workers' compensation, if available at all, should be [1236]*1236used only as a supplement.44 ACE's version of the statute provided in relevant part:
(a) No compensation shall be payable for temporary total disability or permament total disability under this chapter for any week in which the injured employee has received, or is receiving, or is eligible for unemployment compensation benefits.
(b) If an employee is entitled to both compensation for wage-loss pursuant to AS 28.80.190(b) and unemployment compensation benefits, such unemployment compensation benefits shall be primary and the compensation for wage-loss shall be supplemental only, the sum of the two benefits not to exceed the amount of wage-loss compensation which would otherwise be payable.[45]
ACE's version, which specifically addressed which system would bear the burden of compensating dually-eligible employees, was not adopted by the legislature.
Ultimately, the legislature settled on the language substantially similar to that eur-rently used in section 187, which does not prefer unemployment insurance to workers' compensation, does not provide for an offset, and does not discuss permanent or temporary partial disability. The final version provided:
See. 28.30.227. OTHER BENEFITS. No compensation shall be payable to an employee under §§ 180 [permanent total disability] or 185 [temporary total disability] of this chapter for any week in which the employee receives unemployment benefits (AS 28.20).[46]
In response to the final version of section 227, the committee heard a position statement from Dick Block, then-president of the Alaska National Insurance Company,47 who expressed concern that "an employee would reject unemployment insurance and take workers compensation." 48 Rejecting the idea that the statute permitted a totally disabled employee to select among potential remedies, Representative Rogers explained that "this section applies only to total disability, and one who is totally disabled cannot draw unemployment." 49
In the analysis of the final bill prepared for the Senate Labor and Commerce Committee, current section AS 28.830.187 was explained as follows:
This section clarifies the relationship between workers' compensation and unemployment benefits. Temporary total and permanent total disability compensation are not consistent with the eligibility of an injured worker to receive unemployment benefits, and accordingly, are not payable to an injured worker receiving unemployment benefits. This section does not affect the payment of temporary partial or permanent partial disability compensation to a worker who is receiving unemployment benefits, [50]
[1237]*1237Nowhere in the legislative record is there any indication that the legislature intended receipt of unemployment benefits to permanently bar an injured employee from receiving workers' compensation benefits when appropriate. Instead, the legislative history indicates that the legislature was aware of the potential for overlap between unemployment and workers' compensation benefits and sought to prevent a double recovery by claimants. It certainly does not appear that the legislature envisioned the situation eur-rently before this court, where a temporarily injured worker receives misinformation from her physician with the knowledge of her employer, is released to work with restrictions that effectively bar her from finding employment, is laid off by that employer, prompting her to apply for unemployment benefits, and then finally receives a second opinion, after which she undergoes surgery, displays signs of recovery, and then retroactively applies for temporary total disability benefits.
The dissent concludes that the statute is completely unambiguous, effectively arguing that the statute admits only one interpretation: that an employee is forever barred from receiving workers' compensation benefits for any week in which the employee has ever received unemployment compensation. But the statute does not say that; it says that the compensation is not payable "for a week in which the employee receives unemployment benefits." The board's interpretation of the statute-that a week for which the employee has repaid benefits is not a week "in which the employee receives unemployment benefits"-is consistent with the language of the statute. Moreover, under the facts of this case, the board's interpretation leads to the result the workers' compensation system was created to provide: the award of compensation benefits to which the injured worker was entitled.
The Workers' Compensation Board concluded that DeShong had demonstrated by clear and convincing evidence that she had never been medically stable and therefore had been eligible for temporary total disability benefits since December 1998. The superior court concluded that there was substantial evidence to support that finding and we agree. Because we can discern no language, either in the statute itself or in the legislative history, that erects a permanent bar to the receipt of workers' compensation benefits if unemployment benefits have been repaid, we affirm the holding of the board. To hold otherwise would forever bar. an unknowing and injured employee from receiving the workers' compensation benefits to which she is otherwise entitled merely because she first applied for unemployment insurance. The language of the statute does not require this result, nor do we believe such an outcome would be desirable. Given the discernable purposes of the legislature in enacting AS 283.30.187-preventing double recovery, denying workers' compensation coverage for workers who have reached maximum medical stability, and maintaining incentives to return to work-requiring DeShong to repay her unemployment benefits before she is entitled to receive TTD benefits was an appropriate response to her situation.51 We therefore affirm the board's decision.
[1238]*1238v. CONCLUSION
Because the board did not err in concluding that DeShong produced clear and convincing evidence that she was not medically stable during the time in dispute and did not err in requiring DeShong to repay her unemployment benefits before she could receive TTD benefits, we AFFIRM the superior court's decision that affirmed the decision of the board.