Anchorage School District v. Hale

857 P.2d 1186, 1993 Alas. LEXIS 82
CourtAlaska Supreme Court
DecidedAugust 13, 1993
DocketS-5239
StatusPublished
Cited by16 cases

This text of 857 P.2d 1186 (Anchorage School District v. Hale) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anchorage School District v. Hale, 857 P.2d 1186, 1993 Alas. LEXIS 82 (Ala. 1993).

Opinion

OPINION

MATTHEWS, Justice.

On September 26, 1988, Pier Hale suffered injuries to her back and right shoulder while working as a teachers’ assistant for the Anchorage School District. She received medical attention for these injuries at the Providence Hospital Emergency Room on October 2nd. Three days later her doctor recommended that she undergo daily therapy for these injuries for two weeks. This therapy began on October 7, 1988, at Anchorage Physical Therapists. Since daily therapy would exceed the number of compensable treatments allowed under the Alaska Workers’ Compensation Board’s (Board) continuing treatment guidelines, 8 Alaska Administrative Code (AAC) 45.082(f) (1992), 1 Hale was required to gain Board approval for the excess treatments if she wanted her employer to pay for them. The Board can give such approval only if the employee’s doctor furnishes the employer with a detailed treatment plan within fourteen days after starting the treatments. AS 23.30.095(c).

On October 7, Physical Therapists prepared a treatment plan, but failed to include the statutorily required information regarding the “objectives, modalities, frequency of treatments, and reasons for the frequency of treatments.” AS 23.30.-095(c). 2 Physical Therapists did not pre *1188 pare a full treatment plan until November 1,1988, after the statutory period for filing the plan had expired. The School District issued a controversion notice for Hale’s physical therapy, arguing that it had not received the treatment plan within the statutory period and thus was not required to compensate Hale for continuing treatments in excess of the regulation’s frequency standards. The School District subsequently paid for some but not all of Hale’s treatments.

Hale filed an application for adjustment of claim with the Board seeking payment for her treatments in excess of the Board’s frequency standards. The Board denied this request, limiting Hale to compensation for the number of treatments allowed under the Board’s guidelines. The Board based its decision solely upon Physical Therapists’ failure to file a timely, conforming treatment plan.

Hale appealed the Board’s decision to the superior court on the ground that the Board’s standards and procedures for compensation for continuing similar treatments are invalid. The superior court held that 8 AAC 45.082(f) is invalid, reversed the Board’s decision, and remanded the case to the Board for further consideration. The School District then filed this petition for review.

CONSISTENCY BETWEEN REGULATION AND STATUTE

In 1988 the Alaska Legislature amended AS 23.30.095(c) to address compensation for employees whose injuries require a continuing course of similar treatments. Ch. 79, § 14, SLA 1988. Among other things, this amendment added the following sentence:

When a claim is made for a course of treatment requiring continuing and multiple treatments of a similar nature, in addition to the notice, the physician or health care provider shall furnish a written treatment plan if the course of treatment will require more frequent outpatient visits than the standard treatment frequency for the nature and degree of the injury and the type of treatments.

AS 23.30.095(c). The amended provision also required the Board to “adopt regulations establishing standards for frequency of treatment.” Id. The Board promulgated 8 AAC 45.082(f), which sets forth a single standard for the maximum number of treatments allowed without Board approval:

[Pjayment for a course of treatment for the injury may not exceed more than three treatments per week for the first month, two treatments per week for the second and third months, one treatment per week for the fourth and fifth months, and one treatment per month for the sixth through twelfth months. Upon request, and in accordance with AS 23.-30.095(c), the board will, in its discretion, approve payment for more frequent treatments.

8 AAC 45.082(f). This single standard applies regardless of the nature and degree of the employee’s injury. Hale argues that this conflicts with the mandate of the authorizing statute which contemplates multiple standards.

To be within the administrative agency’s grant of rulemaking authority, a regulation must be “consistent with and reasonably necessary to carry out the purpose of the authorizing statute.” Fairbanks N. Star Borough Sch. Dist. v. NEA-Alaska, Inc., 817 P.2d 923, 925 (Alaska 1991). Further, a regulation must be “reasonable and not arbitrary.” Kelly v. Zamarello, 486 P.2d 906, 911 (Alaska 1971). 3 We accord an administrative regulation a presumption of validity; the party challenging the regulation bears the burden of demonstrating its invalidity. Alaska Int’l Indus. v. Musarra, 602 P.2d 1240, 1245 n. 9 (Alaska 1979). We will not substitute our judgment for that of the agency with respect to the efficacy of a regulation *1189 nor review the “wisdom” of a particular regulation. Id.

The following is the statutory language germane to this case with the clauses numbered for purposes of discussion:

When a claim is made for a course of treatment requiring continuing and multiple treatments of a similar nature, in addition to the notice, [ (1) ] the physician or health care provider shall furnish a written treatment plan [ (2) ] if the course of treatment will require more frequent outpatient visits than the standard treatment frequency [(3)] for the nature and degree of the injury and the type of treatments.... [ (4) ] The board shall adopt regulations establishing standards for frequency of treatment.

AS 23.30.095(c). The superior court read clause (3) to modify clause (2), thus requiring the Board to formulate multiple treatment standards addressing the particular “nature and degree of the injury and the type of treatments.” Consequently, the superior court held that the Board’s regulation setting a single standard for all injuries conflicts with the statute. Hale contends that the superior court correctly construed AS 23.30.095(c). The Board argues that the superior court’s reading of the statute is strained. Instead, the Board contends that clause (3) modifies clause (1) and, thus, only the “written treatment plan” must consider “the nature and degree of the injury and the type of treatments.”

In interpreting a statute, this court’s “approach involves a ‘sliding scale,’ such that the plainer the language, the more convincing must be evidence contrary to [the] plain meaning.” In re E.A.O., 816 P.2d 1352, 1357 n. 8 (Alaska 1991). Hale argues that her construction of the statute accords with the plain meaning of the legislature’s chosen language.

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Bluebook (online)
857 P.2d 1186, 1993 Alas. LEXIS 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anchorage-school-district-v-hale-alaska-1993.