reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 3. Compensation Proceedings. › Sec. 23.30.145. Attorney fees.

(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 of all sums in excess of $1,000 of compensation. When the board advises that a claim has been controverted, in whole or in part, the board may direct that the fees for legal services be paid by the employer or carrier in addition to compensation awarded; the fees may be allowed only on the amount of compensation controverted and awarded. When the board advises that a claim has not been controverted, but further advises that bona fide legal services have been rendered in respect to the claim, then the board shall direct the payment of the fees out of the compensation awarded. In determining the amount of fees the board shall take into consideration the nature, length, and complexity of the services performed, transportation charges, and the benefits resulting from the services to the compensation beneficiaries.
(b) If an employer fails to file timely notice of controversy or fails to pay compensation or medical and related benefits within 15 days after it becomes due or otherwise resists the payment of compensation or medical and related benefits and if the claimant has employed an attorney in the successful prosecution of the claim, the board shall make an award to reimburse the claimant for the costs in the proceedings, including reasonable attorney fees. The award is in addition to the compensation or medical and related benefits ordered.
(c) If proceedings are had for review of a compensation or medical and related benefits order before a court, the court may allow or increase an attorney's fees. The fees are in addition to compensation or medical and related benefits ordered and shall be paid as the court may direct.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 4. Payment of Compensation. › Sec. 23.30.150. Commencement of compensation.

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.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 4. Payment of Compensation. › Sec. 23.30.160. Assignment and exemption of claims.

(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 (exemptions). This exemption may not be waived.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 4. Payment of Compensation. › Sec. 23.30.165. Lien.

(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 connection with the construction, preservation, maintenance, or operation of which the work of the employee was being performed at the time of the injury or death. For example: in the case of an employee injured or killed while engaged in mining or in work connected with mining, the lien extends to the entire mine and all property used in connection with it; and in the case of an employee injured or killed while engaged in fishing or in the packing, canning, or salting of fish, or other branch of the fish industry, the lien extends to the entire packing, fishing, salting, or canning plant or establishment and all property used in connection with it; and this is the case with other businesses, industries, works, occupations, and employments.
(b) The lien is prior and paramount to any other lien on the property, except a lien for wages or materials as provided by law, and is of equal rank with a lien for wages or materials.
(c) The lien extends to all right, title, interest, and claim of the employer in the property affected by the lien.
(d) A person claiming a lien under this chapter shall, within one year after the date of the injury from which the claim of compensation arises, record in the office of the recorder of the recording district in which the property affected by the lien is located a notice of lien signed and verified by the claimant or someone on behalf of the claimant, and stating, in substance, the name of the person injured or killed out of which injury or death the claim of compensation arises, the name of the employer of the injured or deceased person at the time of the injury or death, a description of the property affected or covered by the lien, and the name of the owner or reputed owner of the property.
(e) The lien for compensation provided for in this section may be enforced by equitable proceedings as in the enforcement of other liens upon real or personal property, within 10 months after the cause of action arises. Nothing in this section prevents an attachment of property as security for the payment of compensation.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 4. Payment of Compensation. › Sec. 23.30.170. Collection of defaulted payments.

(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 default, apply to the board making the compensation order for a supplementary order declaring the amount of the default. After investigation, notice, and hearing, as provided in AS 23.30.110, the board shall make a supplementary order declaring the amount of the default. The order shall be filed in the same manner as the compensation order.
(b) If the payment in default is an installment of the award, the board may, in its discretion, declare the whole of the award as the amount in default. The applicant may file a certified copy of the supplementary order with the clerk of the superior court. The supplementary order is final. The court shall, upon the filing of the copy, enter judgment for the amount declared in default by the supplementary order if it is in accordance with law. Any time after a supplementary order by the board, the attorney general, when requested to do so by the commissioner, shall take appropriate action to assure collection of the defaulted payments.
(c) Review of the judgment may be had as in a civil action for damages. Final proceedings to execute the judgment may be had by writ of execution. The court shall modify the judgment to conform to a later compensation order upon presentation of a certified copy of it to the court.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 5. Computation of Compensation. › Sec. 23.30.180. Permanent total disability.

(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 disability determination, permanent total disability benefits must be reduced by the amount of the permanent partial disability award, adjusted for inflation, in a manner determined by the board. Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two of them, in the absence of conclusive proof to the contrary, constitutes permanent total disability. In all other cases permanent total disability is determined in accordance with the facts. In making this determination the market for the employee's services shall be
(1) area of residence;
(2) area of last employment;
(3) the state of residence; and
(4) the State of Alaska.
(b) Failure to achieve remunerative employability as defined in AS 23.30.041(r) does not, by itself, constitute permanent total disability.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 5. Computation of Compensation. › Sec. 23.30.185. Compensation for temporary total disability.

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 occurring after the date of medical stability.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 5. Computation of Compensation. › Sec. 23.30.190. Compensation for permanent partial impairment; rating guides.

(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 the whole person is the percentage of impairment to the particular body part, system, or function converted to the percentage of impairment to the whole person as provided under (b) of this section. The compensation is payable in a single lump sum, except as otherwise provided in AS 23.30.041, but the compensation may not be discounted for any present value considerations.
(b) All determinations of the existence and degree of permanent impairment shall be made strictly and solely under the whole person determination as set out in the American Medical Association Guides to the Evaluation of Permanent Impairment, except that an impairment rating may not be rounded to the next five percent. The board shall adopt a supplementary recognized schedule for injuries that cannot be rated by use of the American Medical Association Guides.
(c) The impairment rating determined under (a) of this section shall be reduced by a permanent impairment that existed before the compensable injury. If the combination of a prior impairment rating and a rating under (a) of this section would result in the employee being considered permanently totally disabled, the prior rating does not negate a finding of permanent total disability.
(d) When a new edition of the American Medical Association Guides described in (b) of this section is published, the board shall, not later than 90 days after the last day of the month in which the new edition is published, hold an open meeting under AS 44.62.310 to select the date on which the new edition will be used to make all determinations required under (b) of this section. The date selected by the board for using the new edition may not be later than 90 days after the last day of the month in which the new edition is published. After the meeting, the board shall issue a public notice announcing the date selected. The requirements of AS 44.62.010 - 44.62.300 do not apply to the selection or announcement of the date under this subsection.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 5. Computation of Compensation. › Sec. 23.30.195. Survival of the right to compensation.

(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 widow or widower;
(2) if there be a widow or widower and a surviving child of the deceased, one-half to the widow or widower, the other half to the surviving child;
(3) if there be a surviving child of the deceased, but no widow or widower, then to the child.
(b) An award for disability may be made after the death of the injured employee.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 5. Computation of Compensation. › Sec. 23.30.200. Temporary partial disability.

(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 the same or another employment, to be paid during the continuance of the disability, but not to be paid for more than five years. Temporary partial disability benefits may not be paid for a period of disability occurring after the date of medical stability.
(b) The wage-earning capacity of an injured employee is determined by the actual spendable weekly wage of the employee if the actual spendable weekly wage fairly and reasonably represents the wage-earning capacity of the employee. The board may, in the interest of justice, fix the wage-earning capacity that is reasonable, having due regard to the nature of the injury, the degree of physical impairment, the usual employment, and other factors or circumstances in the case that may affect the capacity of the employee to earn wages in a disabled condition, including the effect of disability as it may naturally extend into the future.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 5. Computation of Compensation. › Sec. 23.30.225. Social security and pension or profit sharing plan offsets.

(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 of the federal periodic benefits for a given week.
(b) When it is determined that, in accordance with 42 U.S.C. 401 - 433, periodic disability benefits are payable to an employee or the employee's dependents for an injury for which a claim has been filed under this chapter, weekly disability benefits payable under this chapter shall be offset by an amount by which the sum of (1) weekly benefits to which the employee is entitled under 42 U.S.C. 401 - 433, and (2) weekly disability benefits to which the employee would otherwise be entitled under this chapter, exceeds 80 percent of the employee's average weekly wages at the time of injury.
(c) If employer contributions to a qualified pension or profit sharing plan have been included in the determination of gross earnings and the employee is receiving pension or profit sharing payments, weekly compensation benefits payable under this chapter shall be reduced by the amount paid or payable to the injured worker under the plan for any week or weeks during which compensation benefits are also payable. The amount of the reduction may not in any week exceed the increase in weekly compensation benefits brought about by the inclusion of employer contributions to a qualified pension or profit sharing plan in the determination of gross earnings.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 6. General Provisions. › Sec. 23.30.235. Cases in which no compensation is payable.

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 drugs unless the drugs were taken as prescribed by the employee's physician.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 6. General Provisions. › Sec. 23.30.236. Members of the organized militia as employees.

(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 this chapter.
(b) The gross weekly earnings for members of the organized militia are calculated using the methods prescribed under AS 26.05.260(h).
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 6. General Provisions. › Sec. 23.30.237. High school students in work-study programs as employees of the state.

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 performing the work experience. Weekly compensation for disability or death under this section may not be less than the initial payment of compensation under AS 23.30.175.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 6. General Provisions. › Sec. 23.30.238. Volunteer emergency medical technicians as employees.

(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 technician or is an active roster volunteer member of a state certified emergency medical service and is registered with the Department of Health;
(2) provides emergency medical service outside an incorporated city or borough; and
(3) is not otherwise covered for that injury by an employer's workers' compensation insurance policy or self-insurance certificate.
(b) The gross weekly earnings for a person receiving benefits under this section shall be the minimum gross weekly earnings paid a full-time emergency medical technician employed in the city or borough nearest to the place where the injury occurred, or, if the nearest city or borough has no full-time emergency medical technician, at a reasonable figure previously set by the nearest city or borough to make this determination, but in no case may the gross weekly earnings for calculating compensation be less than the minimum wage computed on the basis of 40 hours of work a week.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 6. General Provisions. › Sec. 23.30.239. Sole proprietors and partners as employees.

(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 the payroll for purposes of this chapter.
(b) When the application is accepted, the person is subject to the provisions and entitled to the benefits of this chapter. The person shall promptly notify the insurer whenever there is a change in the status of the person as a sole proprietor or partner.
(c) Notwithstanding the provisions of AS 23.30.120(a), a person covered under (a) of this section bears the burden of proof of the validity of the claim.
(d) A person who has elected coverage under (a) of this section may cancel the election by giving written notice to the insurer. Notwithstanding AS 23.30.030(5), the cancellation becomes effective the day following the filing of notice with the insurer.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 6. General Provisions. › Sec. 23.30.240. Officers of corporations, municipal corporations, and nonprofit corporations, and members of limited liability companies as employees.

(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 this chapter if the executive officer or member owns at least 10 percent of the business entity. Except as provided in (b) of this section, an executive officer of a municipal corporation or charitable, religious, educational, or other nonprofit corporation is not an employee of the corporation under this chapter.
(b) Any type of corporation or limited liability company may bring an executive officer or a member exempted under (a) of this section within the coverage of the business entity's insurance contract by specifically including the executive officer or member in the contract of insurance. The election to bring the executive officer or member within the business entity's coverage continues in force for the period during which the contract of insurance is in effect. During that period, an executive officer or a member brought within the coverage of the insurance contract is an employee of the business entity under this chapter.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 6. General Provisions. › Sec. 23.30.241. Special officers as employees.

(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 of compensation to be awarded. If a special officer has no regular employment, the minimum wage paid a full-time state trooper shall be used in computing the amount of compensation to be awarded.
(b) Annual appropriations to fund the coverage provided for in (a) of this section shall be provided for in the budget of the Department of Public Safety.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 6. General Provisions. › Sec. 23.30.242. Members of state boards and commissions as employees.

(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) Annual appropriations to fund the coverage provided for in (a) of this section shall be provided for in the budget of the Office of the Governor.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 6. General Provisions. › Sec. 23.30.243. Extending coverage to certain firefighters.

(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 life or property, anywhere in the state is considered to have arisen out of and been sustained in the course of employment, and the fire department or regularly organized volunteer fire department of the firefighter's primary employment or registration is considered to be the employer, except when the injured, at the time of injury or death, is acting for compensation from another.
(b) Nothing in this section requires the extension of benefits to a firefighter employed by a municipality which by law or regulation expressly prohibits the activity giving rise to the injury, disability, or death.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 6. General Provisions. › Sec. 23.30.244. Emergency and disaster relief forces as state employees.

(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 employee of this state for purposes of this chapter if, at the time of the injury or death, the volunteer
(1) is an active roster civilian volunteer member of a state-certified emergency force and is registered with the state division of homeland security and emergency management in the Department of Military and Veterans' Affairs;
(2) is providing services under AS 26.23.136 during an emergency or disaster; and
(3) is not otherwise covered for that injury or death by an employer's workers' compensation insurance policy or self-insurance certificate.
(b) A resident of this state temporarily engaged as a civilian volunteer in a disaster emergency relief function in this state who suffers injury or death during the course and within the scope of providing disaster emergency relief aid is considered an employee of the state for purposes of this chapter if, at the time of the injury or death, the volunteer
(1) is an active roster civilian volunteer member of an emergency service organization whose services were requested by the division of homeland security and emergency management in the Department of Military and Veterans' Affairs;
(2) is providing services requested by the Department of Military and Veterans' Affairs during a disaster emergency declared under AS 26.20.040 or AS 26.23.020;
(3) is not an employee of an agency of the United States, this state, or a political subdivision of this state; and
(4) is not otherwise covered for that injury or death by an employer's workers' compensation insurance policy or self-insurance certificate.
(c) The gross weekly earnings for a resident of this state temporarily engaged as a civilian volunteer under this section are the minimum gross weekly earnings paid to an employee employed by this state to perform equivalent work, or, if an employee is not employed by this state to perform equivalent work, the state average weekly wage, but the gross weekly earnings for calculating compensation may not be less than the minimum wage computed on the basis of 40 hours of work a week.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 6. General Provisions. › Sec. 23.30.245. Invalid agreements.

(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 not valid. An employer who makes a deduction for this purpose from the pay of an employee entitled to the benefits of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000.
(b) An agreement by an employee to waive the right to compensation under this chapter is not valid.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 6. General Provisions. › Sec. 23.30.246. Search and rescue personnel as state employees.

(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 considered an employee of the state for purposes of this chapter if, at the time of the injury or death, the volunteer
(1) is an authorized participant in a search and rescue training exercise under AS 18.60.115 or a search and rescue activity under AS 18.60.120; and
(2) is not otherwise covered for that injury or death by an employer's workers' compensation insurance policy or self-insurance certificate.
(b) Notwithstanding the methods for calculating an employee's gross weekly earnings under AS 23.30.220, the gross weekly earnings for a resident of the state temporarily engaged as a volunteer under (a) of this section are equal to the state average weekly wage.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 6. General Provisions. › Sec. 23.30.247. Discrimination prohibited.

(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 assessed by the court in a private civil action.
(b) This section may not be construed to prevent an employer from basing hiring, promotion, or retention policies or practices on considerations of the employee's safety practices or the employee's physical and mental abilities; nor may this section be construed so as to create employment rights not otherwise in existence.
(c) This section may not be construed to prohibit an employer from requiring a prospective employee to fill out a preemployment questionnaire or application regarding the person's prior health or disability history as long as it is meant to determine whether the employee has the physical or mental capacity to meet the documented physical or mental demands of the work.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 6. General Provisions. › Sec. 23.30.250. Penalties for fraudulent or misleading acts; damages in civil actions.

(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 benefit under this chapter; (3) knowingly misclassifies employees or engages in deceptive leasing practices for the purpose of evading full payment of workers' compensation insurance premiums; or (4) employs or contracts with a person or firm to coerce or encourage an individual to file a fraudulent compensation claim is civilly liable to a person adversely affected by the conduct, is guilty of theft by deception as defined in AS 11.46.180, and may be punished as provided by AS 11.46.120 - 11.46.150.
(b) If the board, after a hearing, finds that a person has obtained compensation, medical treatment, or another benefit provided under this chapter, or that a provider has received a payment, by knowingly making a false or misleading statement or representation for the purpose of obtaining that benefit, the board shall order that person to make full reimbursement of the cost of all benefits obtained. Upon entry of an order authorized under this subsection, the board shall also order that person to pay all reasonable costs and attorney fees incurred by the employer and the employer's carrier in obtaining an order under this section and in defending any claim made for benefits under this chapter. If a person fails to comply with an order of the board requiring reimbursement of compensation and payment of costs and attorney fees, the employer may declare the person in default and proceed to collect any sum due as provided under AS 23.30.170(b) and (c).
(c) To the extent allowed by law, in a civil action under (a) of this section, an award of damages by a court or jury may include compensatory damages and an award of three times the amount of damages sustained by the person, subject to AS 09.17. Attorney fees may be awarded to a prevailing party as allowed by law.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 6. General Provisions. › Sec. 23.30.255. Penalty for failure to pay compensation.

(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, secretary, and treasurer are also severally liable to the fine or imprisonment imposed for the failure of the corporation to secure the payment of compensation. The president, secretary, and treasurer are severally personally liable, jointly with the corporation, for the compensation or other benefit which accrues under this chapter in respect to an injury which happens to an employee of the corporation while it has failed to secure the payment of compensation as required by AS 23.30.075.
(b) An employer who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secretes, or destroys any property after one of the employer's employees has been injured within the scope of this chapter, with intent to avoid the payment of compensation under this chapter to the employee or the employee's dependents, 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, secretary, and treasurer are also severally liable to the penalty of imprisonment as well as jointly liable with the corporation for the fine.
(c) This section does not affect any other liability of the employer under this chapter.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 6. General Provisions. › Sec. 23.30.260. Penalty for receiving unapproved fees and soliciting.

(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 services rendered for representation or advice with respect to a claim, unless the consideration or gratuity is approved by the board or the court; or
(2) makes it a business to solicit employment for a lawyer or for the person making the solicitation with respect to a claim or award for compensation.
(b) Notwithstanding AS 23.30.145 and (a) of this section, approval of a fee is not required if
(1) the fee does not exceed $300 and is a one-time-only charge to an employee by an attorney licensed in this state who performed legal services with respect to the employee's claim but did not enter an appearance; or
(2) the parties who reach an agreement in regard to a claim for injury or death under this chapter agree to the payment of attorney fees, and the agreement in regard to a claim for injury or death does not require board approval under AS 23.30.012.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 6. General Provisions. › Sec. 23.30.263. Immunity from civil liability for workplace safety inspections.

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 connection with an employer's workers' compensation insurance coverage, unless the act or failure to act constitutes intentional misconduct. In this section, “safety inspector” means
(1) a carrier and an employee or agent of the carrier;
(2) a trade association of which the employer is a member; or
(3) a person providing adjusting or inspection services to an employer who is a member of an association established under AS 21.76.010 or to an employer who is self-insured under AS 23.30.090.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 35. Commercial Fishermen's Fund › Sec. 23.35.020. Appointment and composition of council.

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:
District 1: Wrangell and areas south;
District 2: Areas north of Wrangell to include Yakutat;
District 3: Areas west of Yakutat to East Coast of Alaska Peninsula, including Prince William Sound, Cook Inlet, and Kodiak;
District 4: Areas west of Alaska Peninsula to Cape Newenham, including Bristol Bay;
District 5: Areas north of Cape Newenham, including Kuskokwim, Yukon, Kotzebue, and the Arctic.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 35. Commercial Fishermen's Fund › Sec. 23.35.040. Duties of commissioner and council.

(a) The council shall
(1) review all denials of benefits made by the person responsible for the administration of the fund; and
(2) make all initial determinations regarding claims for additional benefits under AS 23.35.140.
(b) Under regulations adopted by the department, the commissioner shall hear all appeals from the council's denial of benefits and denials of claims for additional benefits under AS 23.35.140. The commissioner's decision is final and may be appealed as provided under AS 44.62 (Administrative Procedure Act).
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 35. Commercial Fishermen's Fund › Sec. 23.35.060. Creation and administration of fishermen's fund.

(a) There is created a fund, designated as the “fishermen's fund.” The Department of Revenue is the custodian of the fund, and the Department of Labor and Workforce Development shall administer it. The fund shall be composed of
(1) 39 percent of the money derived by the state from all commercial fishermen's licenses, not to exceed a maximum of $50 for each license holder for each year; and
(2) money appropriated to carry out the purpose of this chapter.
(b) The legislature may appropriate up to 50 percent of the interest income earned by the state on the balance of the fishermen's fund for a grant for statewide marine safety training and education programs.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 35. Commercial Fishermen's Fund › Sec. 23.35.070. Benefits.

A fisherman, upon becoming disabled, is entitled to receive benefits as follows: immediately after the fisherman sustains an injury or disability arising out of an accident directly connected with operations as a fisherman, either ashore in the state or in Alaska water, or suffers an occupational disease, the fisherman is entitled to emergency treatment, transportation to the nearest place where approved medical facilities are available, medical care, and hospitalization. In this section, “Alaska water” means the inland and territorial water of the state and the fishery conservation zone adjacent to the state established by 16 U.S.C. 1811 (§ 101, Fisheries Conservation and Management Act of 1976).
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 35. Commercial Fishermen's Fund › Sec. 23.35.080. Emergency treatment for cardio-vascular diseases.

The department may pay the costs, within the maximum limitations, of emergency treatment, transportation, medical care, and hospitalization, necessitated by a cardio-vascular disease, if the department determines that the disease is attributable, directly or indirectly, to the fishing endeavor.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 35. Commercial Fishermen's Fund › Sec. 23.35.100. Transportation, hospital, nursing, medical, and surgical expenses.

The department may pay out of the fund all reasonable transportation charges incurred under AS 23.35.080 and 23.35.090, including cost of returning the fisherman to the boat or home of the fisherman or to another place that reasonably meets with the fisherman's convenience, and the reasonable hospital, nursing, medical, and surgical expense incurred in the examination, treatment, and care of the fisherman.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 35. Commercial Fishermen's Fund › Sec. 23.35.110. Contracts for care.

In carrying out this chapter, the department may enter into contracts or other arrangements with hospitals and doctors in the state for furnishing care on an annual basis to persons entitled to benefits. Contracting under this section is governed by AS 36.30 (State Procurement Code).
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 35. Commercial Fishermen's Fund › Sec. 23.35.120. Cooperation with other agencies.

In providing care the department shall provide the type and quality of treatment that will restore the fisherman to health and productivity, if possible. The department may enter into cooperative arrangements with agencies of the federal government, other states and territories, and private clinics and rehabilitation centers for the care and treatment of fishermen.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 35. Commercial Fishermen's Fund › Sec. 23.35.140. Limitation on benefits.

(a) Except for compelling reasons,
(1) compensation may not be paid for medical care or hospitalization furnished before the ascertainable time of injury, or before authorization in the case of disability caused by an occupational disease;
(2) the total allowance for any one injury or disablement is $10,000.
(b) The total allowance for any one heart attack is $10,000.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 35. Commercial Fishermen's Fund › Sec. 23.35.145. Claim of vessel owner.

If a fisherman files a claim for benefits under this chapter and also files a claim against the protection and indemnity insurance policy of the vessel owner, the vessel owner is entitled to receive a benefit, not to exceed the amount of the actual loss, that is the lesser of
(1) the full amount of the protection and indemnity insurance policy deductible; or
(2) $5,000.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 35. Commercial Fishermen's Fund › Sec. 23.35.150. Definitions.

In this chapter,
(1) “approved medical facilities” and “medical care” include the facilities of, or the care and treatment prescribed or performed by, a practitioner of chiropractic licensed by the state under AS 08.20;
(2) “council” means the Fishermen's Fund Advisory and Appeals Council;
(3) “fisherman” means a person who is licensed by the state to engage in commercial fishing under AS 16.05.480 or who is the holder of a permit issued under AS 16.43 and who, at the time injury is sustained or illness is contracted, is actually so engaged or is occupied in Alaska in preparing or dismantling boats or gear used in commercial fishing;
(4) “fund” means the Fishermen's Fund;
(5) “occupational disease” means hernia; varicose veins of the leg; the respiratory diseases, bronchitis, pleurisy, and pneumonia caused by or aggravated by the fishing endeavor, but excluding the common cold and influenza; rheumatism, arthritis, and those musculoskeletal diseases (such as bursitis, traumatic sciatica, and tenosynovitis) directly caused by or aggravated by the fishing endeavor; and does not include a disease not common to both sexes, venereal disease, or a condition arising out of an attempt of a fisherman to injure self or another.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 40. Labor Organizations › Article 1. Local Organizations and Ferry System Employees. › Sec. 23.40.020. Enforcement of certain contracts only if union registers.

A labor contract executed in this state by a labor organization that has no local in this state or which contract is not to be executed by one or more of its locals in this state may not be enforced in the courts of this state unless the labor organization has registered with the department and complied with all regulations adopted by it.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 40. Labor Organizations › Article 1. Local Organizations and Ferry System Employees. › Sec. 23.40.030. Definition of labor organization.

For the purpose of AS 23.40.020 - 23.40.040 “labor organization” includes an organization constituted wholly or partly to bargain collectively or deal with employers, including the state and its political subdivisions, concerning grievances, terms, or conditions of employment or other mutual aid or protection in connection with employees.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 40. Labor Organizations › Article 1. Local Organizations and Ferry System Employees. › Sec. 23.40.040. Collective bargaining agreement.

The commissioner of transportation and public facilities or an authorized representative, in accordance with AS 23.40.020 - 23.40.030, may negotiate and enter into collective bargaining agreements concerning wages, hours, working conditions, and other employment benefits with the employees of the division of marine transportation engaged in operating the state ferry system as masters or members of the crews of vessels or their bargaining agent. A collective bargaining agreement is not final without the concurrence of the commissioner of transportation and public facilities. The commissioner of transportation and public facilities may make provision in the collective bargaining agreement for the settlement of labor disputes by arbitration.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 40. Labor Organizations › Article 2. Public Employment Relations Act. › Sec. 23.40.070. Declaration of policy.

The legislature finds that joint decision-making is the modern way of administering government. If public employees have been granted the right to share in the decision-making process affecting wages and working conditions, they have become more responsive and better able to exchange ideas and information on operations with their administrators. Accordingly, government is made more effective. The legislature further finds that the enactment of positive legislation establishing guidelines for public employment relations is the best way to harness and direct the energies of public employees eager to have a voice in determining their conditions of work, to provide a rational method for dealing with disputes and work stoppages, to strengthen the merit principle where civil service is in effect, and to maintain a favorable political and social environment. The legislature declares that it is the public policy of the state to promote harmonious and cooperative relations between government and its employees and to protect the public by assuring effective and orderly operations of government. These policies are to be effectuated by
(1) recognizing the right of public employees to organize for the purpose of collective bargaining;
(2) requiring public employers to negotiate with and enter into written agreements with employee organizations on matters of wages, hours, and other terms and conditions of employment;
(3) maintaining merit-system principles among public employees.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 40. Labor Organizations › Article 2. Public Employment Relations Act. › Sec. 23.40.075. Items not subject to bargaining.

The parties may not negotiate terms contrary to the
(1) reemployment rights for injured state employees under AS 39.25.158;
(2) reemployment rights of the organized militia under AS 26.05.075;
(3) authority of the Department of Health under AS 47.27.035 to assign Alaska temporary assistance program participants to a work activity considered appropriate by the Department of Health;
(4) authority for agencies to create temporary positions under AS 47.27.055(c); or
(5) provisions contained in a contract under AS 14.40.210(a)(4).