Title 23 — Labor and Workers' Compensation
12 chapters · 505 sections in this title.
AS 23.30.129 Judicial review of commission orders.
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(a) Notwithstanding the provisions of AS 44.62.560, orders of the commission may not be appealed to the superior court. Consistent with AS 22.05.010(b), final decisions of the commission may be appealed to the supreme court, and other orders may be reviewed by the supreme court a…
AS 23.30.130 Modification of awards.
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(a) Upon its own initiative, or upon the application of any party in interest on the ground of a change in conditions, including, for the purposes of AS 23.30.175, a change in residence, or because of a mistake in its determination of a fact, the board may, before one year after …
AS 23.30.135 Procedure before the board.
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(a) In making an investigation or inquiry or conducting a hearing the board is not bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter. The board may make its investigation or inquiry or conduct its h…
AS 23.30.140 Appointment of guardian by court.
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The director may require the appointment of a guardian or other representative by a competent court for any person who is mentally incompetent or a minor to receive compensation payable to the person under this chapter and to exercise the powers granted to or to perform the dutie…
AS 23.30.145 Attorney fees.
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Article 4. Payment of Compensation. (a) Fees for legal services rendered in respect to a claim are not valid unless approved by the board, and the fees may not be less than 25 percent on the first $1,000 of compensation or part of the first $1,000 of compensation, and 10 percent …
AS 23.30.150 Commencement of compensation.
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Compensation may not be allowed for the first three days of the disability, except the benefits provided for in AS 23.30.095; if, however, the injury results in disability of more than 28 days, compensation shall be allowed from the date of the disability.
AS 23.30.155 Payment of compensation.
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(a) Compensation under this chapter shall be paid periodically, promptly, and directly to the person entitled to it, without an award, except where liability to pay compensation is controverted by the employer. To controvert a claim, the employer must file a notice, in a format p…
AS 23.30.160 Assignment and exemption of claims.
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(a) An assignment, release, or commutation of compensation or benefits due or payable under this chapter, except as provided by this chapter, is not valid. (b) Benefits payable under this chapter are exempt from levy to enforce the collection of a debt as provided in AS 09.38 (ex…
AS 23.30.165 Lien.
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(a) Each employee and beneficiary entitled to compensation under the provisions of this chapter has a lien for the full amount of the compensation the person is entitled to, including costs and disbursements of suit and attorney fees allowed, upon all of the property in connectio…
AS 23.30.170 Collection of defaulted payments.
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Article 5. Computation of Compensation. (a) In case of default by the employer in the payment of compensation due under an award of compensation for a period of 30 days after the compensation is due, the person to whom the compensation is payable may, within one year after the de…
AS 23.30.172 Benefit adjustments. [Repealed, § 11 ch 75 SLA 1977.]
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[Repealed or reserved.]
AS 23.30.175 Rates of compensation.
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(a) The weekly rate of compensation for disability or death may not exceed the maximum compensation rate, may not be less than 22 percent of the maximum compensation rate, and initially may not be less than $110. However, if the board determines that the employee's spendable week…
AS 23.30.180 Permanent total disability.
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(a) In case of total disability adjudged to be permanent 80 percent of the injured employee's spendable weekly wages shall be paid to the employee during the continuance of the total disability. If a permanent partial disability award has been made before a permanent total disabi…
AS 23.30.185 Compensation for temporary total disability.
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In case of disability total in character but temporary in quality, 80 percent of the injured employee's spendable weekly wages shall be paid to the employee during the continuance of the disability. Temporary total disability benefits may not be paid for any period of disability …
AS 23.30.187 Effect of unemployment benefits.
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Compensation is not payable to an employee under AS 23.30.180 or 23.30.185 for a week in which the employee receives unemployment benefits.
AS 23.30.190 Compensation for permanent partial impairment; rating guides.
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(a) In case of impairment partial in character but permanent in quality, and not resulting in permanent total disability, the compensation is $273,000 multiplied by the employee's percentage of permanent impairment of the whole person. The percentage of permanent impairment of th…
AS 23.30.191 Expenses for rehabilitating injured employees. [Repealed, § 27 ch 93 SLA 1982. For current law concerning rehabilitation of injured workers, see AS 23.30.041.]
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[Repealed or reserved.]
AS 23.30.195 Survival of the right to compensation.
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(a) Compensation to which any claimant would be entitled under AS 23.30.190 shall, notwithstanding death arising from causes other than the injury, be payable to and for the benefit of the persons following: (1) if there be a widow or widower and no child of the deceased, to the …
AS 23.30.200 Temporary partial disability.
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(a) In case of temporary partial disability resulting in decrease of earning capacity the compensation shall be 80 percent of the difference between the injured employee's spendable weekly wages before the injury and the wage-earning capacity of the employee after the injury in t…
AS 23.30.205 Injury combined with preexisting impairment.
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(a) If an employee who has a permanent physical impairment from any cause or origin incurs a subsequent disability by injury arising out of and in the course of the employment resulting in compensation liability for disability that is substantially greater by reason of the combin…
AS 23.30.210 Determination of wage-earning capacity. [Repealed, § 44 ch 79 SLA 1988.]
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[Repealed or reserved.]
AS 23.30.215 Compensation for death.
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(a) If the injury causes death, the compensation is known as a death benefit and is payable in the following amounts to or for the benefit of the following persons: (1) reasonable and necessary funeral expenses not exceeding $12,000; (2) if there is a widow or widower or a child …
AS 23.30.220 Determination of spendable weekly wage.
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(a) Computation of compensation under this chapter shall be on the basis of an employee's spendable weekly wage at the time of injury. An employee's spendable weekly wage is the employee's gross weekly earnings minus payroll tax deductions. An employee's gross weekly earnings sha…
AS 23.30.224 Coordination of benefits.
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(a) Notwithstanding other provisions of this chapter, an employer's liability for payment of weekly compensation under AS 23.30.180 or 23.30.185 to an employee eligible for a disability benefit under AS 14.25.130, AS 39.35.400, or 39.35.410 may not exceed the lesser of (1) the di…
AS 23.30.225 Social security and pension or profit sharing plan offsets.
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Article 6. General Provisions. (a) When periodic retirement or survivors' benefits are payable under 42 U.S.C. 401 — 433 (Title II, Social Security Act), the weekly compensation provided for in this chapter shall be reduced by an amount equal as nearly as practicable to one-half …
AS 23.30.230 Persons not covered.
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(a) The following persons are not covered by this chapter: (1) a part-time babysitter; (2) a cleaning person; (3) harvest help and similar part-time or transient help; (4) a person employed as a sports official on a contractual basis and who officiates only at sports events in wh…
AS 23.30.235 Cases in which no compensation is payable.
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Compensation under this chapter may not be allowed for an injury (1) proximately caused by the employee's wilful intent to injure or kill any person; (2) proximately caused by intoxication of the injured employee or proximately caused by the employee being under the influence of …
AS 23.30.236 Members of the organized militia as employees.
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(a) A member of the organized militia who has been ordered into active state service by the governor under AS 26.05.070 or ordered into training under AS 26.05.100, and who suffers an injury, disability, or death in the line of duty, is an employee of the state for purposes of th…
AS 23.30.237 High school students in work-study programs as employees of the state.
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An individual who is enrolled for credit at a public high school in a course that combines academic instruction with work experience outside the school for a public or private nonprofit employer is an employee of the state for the purposes of this chapter while the individual is …
AS 23.30.238 Volunteer emergency medical technicians as employees.
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(a) A person who is injured during the course and within the scope of providing service as a volunteer emergency medical technician is an employee of the state for purposes of this chapter if the person (1) is certified by the state under AS 18.08 as an emergency medical technici…
AS 23.30.239 Sole proprietors and partners as employees.
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(a) A person who is a sole proprietor, or a member of a partnership, may elect coverage as an employee under this chapter by making written application to an insurer. The insurer may accept the application and fix an assumed monthly wage at which the person shall be carried on th…
AS 23.30.240 Officers of corporations, municipal corporations, and nonprofit corporations, and members of limited liability companies as employees.
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(a) Except as provided in (b) of this section, an executive officer elected or appointed and empowered in accordance with the charter and bylaws of a corporation or a member of a limited liability company organized under AS 10.50 is not an employee of the business entity under th…
AS 23.30.241 Special officers as employees.
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(a) A special officer appointed under AS 18.65.010(a) is considered an employee under this chapter only when the person is actually traveling or working as a special officer. The weekly wage earned in the special officer's regular employment shall be used in computing the amount …
AS 23.30.242 Members of state boards and commissions as employees.
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(a) A member of a state board or commission is considered an employee under this chapter only while the member is actually traveling or working as a member of the board or commission. The maximum weekly wage shall be used in computing the amount of compensation to be awarded. (b)…
AS 23.30.243 Extending coverage to certain firefighters.
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(a) For the purposes of workers' compensation any injury, disability or death incurred by a firefighter by reason of the firefighter's participation in authorized training, proceeding to or engaging in a fire suppression or rescue operation, or the protection or preservation of l…
AS 23.30.244 Emergency and disaster relief forces as state employees.
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(a) A resident of this state temporarily engaged as a civilian volunteer in an emergency or a disaster relief function in another state or country who suffers injury or death during the course and within the scope of providing emergency or disaster relief aid is considered an emp…
AS 23.30.245 Invalid agreements.
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(a) An agreement by an employee to pay a portion of the premium paid by the employer to a carrier or to contribute to a benefit fund or department maintained by the employer for the purpose of providing compensation or medical services and supplies as required by this chapter is …
AS 23.30.246 Search and rescue personnel as state employees.
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(a) A resident of the state who temporarily volunteers to participate in a search and rescue training exercise or a search and rescue activity and who suffers injury or death during the course and within the scope of training for or providing search and rescue services is conside…
AS 23.30.247 Discrimination prohibited.
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(a) An employer may not discriminate in hiring, promotion, or retention policies or practices against an employee who has in good faith filed a claim for or received benefits under this chapter. An employer who violates this section is liable to the employee for damages to be ass…
AS 23.30.250 Penalties for fraudulent or misleading acts; damages in civil actions.
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(a) A person who (1) knowingly makes a false or misleading statement, representation, or submission related to a benefit under this chapter; (2) knowingly assists, abets, solicits, or conspires in making a false or misleading submission affecting the payment, coverage, or other b…
AS 23.30.255 Penalty for failure to pay compensation.
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(a) An employer required to secure the payment of compensation under this chapter who fails to do so is guilty of a class B felony if the amount involved exceeds $25,000 or a class C felony if the amount involved is $25,000 or less. If the employer is a corporation, its president…
AS 23.30.260 Penalty for receiving unapproved fees and soliciting.
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(a) A person is guilty of a misdemeanor and, upon conviction, is punishable for each offense by a fine of not more than $1,000 or by imprisonment for not more than one year, or by both, if the person (1) receives a fee, other consideration, or a gratuity on account of any service…
AS 23.30.263 Immunity from civil liability for workplace safety inspections.
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An employer's safety inspector is not liable for civil damages for an injury to an employee of that employer resulting from an act or omission in performing or failing to perform a loss control service, a workplace safety inspection, or a safety advisory service provided in conne…
AS 23.30.265 [Renumbered as AS 23.30.395.]
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[Repealed or reserved.]
AS 23.30.270 [Renumbered as AS 23.30.400.]
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[Repealed or reserved.]
AS 23.30.280 Investigation of fraud; staffing.
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(a) The director shall establish a section within the division for the investigation of fraudulent or misleading acts under AS 23.30.250 and other fraudulent acts relating to workers' compensation. (b) The director may investigate facts reported under this section and may refer f…
AS 23.30.395 Definitions.
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In this chapter, (1) “adoption” or “adopted” means legal adoption before the time of the injury; (2) “arising out of and in the course of employment” includes employer-required or supplied travel to and from a remote job site; activities performed at the direction or under the co…
AS 23.30.400 Short title.
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This chapter may be cited as Alaska Workers' Compensation Act.
AS 23.35.010 Creation of Fishermen's Fund Advisory and Appeals Council.
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There is within the Department of Labor and Workforce Development a Fishermen's Fund Advisory and Appeals Council.
AS 23.35.020 Appointment and composition of council.
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The council is composed of the commissioner of labor and workforce development or a person designated by the commissioner and five members appointed by the governor for overlapping five year terms. The governor shall appoint one member from each of the following districts: Distri…