reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 6. Benefits. › Sec. 23.20.378. Able to work and available for suitable work.

(a) An insured worker is entitled to receive waiting-week credit or benefits for a week of unemployment if for that week the insured worker is able to work and available for suitable work. An insured worker is not considered available for work unless registered for work in accordance with regulations adopted by the department. An insured worker may not be disqualified for failure to comply with this subsection if
(1) the insured worker is not available for work because the insured worker
(A) is ill or disabled;
(B) is traveling to obtain medical services that are not available in the area in which the insured worker resides, or, if a physician determines it is necessary, the insured worker is accompanying a spouse or dependent who is traveling to obtain medical services;
(C) resides in the state and is noncommercially hunting or fishing for personal survival or the survival of dependents;
(D) is serving as a prospective or impaneled juror in a court; or
(E) is attending the funeral of an immediate family member for a period of no longer than seven days; and
(2) a condition described in (1) of this subsection occurs during an uninterrupted period of unemployment immediately following a week for which the insured worker has filed a compensable claim, and work has not been offered that would have been suitable for the insured worker before the illness, disability, hunting, fishing, medical travel, jury service, or funeral attendance.
(b) A waiver of disqualification for an illness or disability under (a)(1) of this section may not exceed six consecutive weeks.
(c) An insured worker is disqualified for waiting-week credit or benefits for a week of unemployment while the insured worker is pursuing an academic education. A disqualification under this subsection begins with the first week of academic instruction and ends with the week immediately before the first full week in which the insured worker is no longer pursuing an academic education. However, an insured worker who has been pursuing an academic education for at least one school term and who was working at least 30 hours a week during a significant portion of the time that the worker was pursuing an academic education is not disqualified for waiting-week credit or benefits under this subsection if the worker's academic schedule does not preclude full-time work in the worker's occupation and if the insured worker became unemployed because the worker was laid off or the worker's job was eliminated. In this subsection,
(1) “pursuing an academic education” means attending an established school in a course of study providing academic instruction of 10 or more credit hours per week, or the equivalent;
(2) “school” includes primary schools, secondary schools, and institutions of higher education.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 6. Benefits. › Sec. 23.20.379. Voluntary quit, discharge for misconduct, and refusal of work.

(a) An insured worker is disqualified for waiting-week credit or benefits for the first week in which the insured worker is unemployed and for the next five weeks of unemployment following that week if the insured worker
(1) left the insured worker's last suitable work voluntarily without good cause; or
(2) was discharged for misconduct connected with the insured worker's last work.
(b) An insured worker is disqualified for waiting-week credit or benefits for a week and the next five weeks of unemployment following that week if, for that week, the insured worker fails without good cause
(1) to apply for available suitable work to which the insured worker was referred by the employment office; or
(2) to accept suitable work when offered to the insured worker.
(c) The department shall reduce the maximum potential benefits to which an insured worker disqualified under this section would have been entitled by three times the insured worker's weekly benefit amount, excluding the allowance for dependents, or by the amount of unpaid benefits to which the insured worker is entitled, whichever is less.
(d) The disqualification required in (a) and (b) of this section is terminated if the insured worker returns to employment and earns at least eight times the insured worker's weekly benefit amount.
(e) An insured worker is disqualified for waiting-week credit or benefits for the first week in which the insured worker is unemployed and for the next 51 weeks of unemployment following that week or until the individual has worked subsequent to the discharge from work and earned 20 times the insured worker's weekly benefit amount in employment covered under this chapter if the insured worker was discharged for commission of a felony or theft in connection with the work. In addition, the insured worker is not eligible for extended benefits under this chapter until the worker has requalified for benefits by meeting the earnings requirement in this subsection.
(f) In this section,
(1) “alcohol” has the meaning given in AS 23.10.699;
(2) “drugs” has the meaning given in AS 23.10.699;
(3) “misconduct” includes conduct in violation of an employer's policy concerning the use of drugs or alcohol, but only if the policy is consistent with AS 23.10.620.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 6. Benefits. › Sec. 23.20.382. Benefits while attending approved vocational training course.

(a) Benefits or waiting-week credit for any week may not be denied an otherwise eligible individual because the individual is attending a vocational training or retraining course with the approval of the director of the division responsible for employment and training services or because, while attending the course, the individual is not available for work or refuses an offer of work.
(b) An otherwise eligible individual may not be denied benefits or waiting-week credit for any week because the individual is in training approved under 19 U.S.C. 2296(a)(1) (sec. 236(a)(1), Trade Act of 1974), if
(1) while attending the training, the individual is not available for work, fails to seek work, or refuses work; or
(2) the individual left work that was not suitable employment to enter training.
(c) In (b)(2) of this section, “suitable employment” means work that
(1) pays at least 80 percent of the individual's average weekly wage, as determined for the purposes of the Trade Act of 1974; and
(2) is at least equal in skill level to the individual's past adversely affected employment, as defined for purposes of the Trade Act of 1974.
(d) An otherwise eligible individual may not be denied benefits or waiting-week credit for any week because the individual is in any training approved under P.L. 105-220 (Workforce Investment Act of 1998) and, while attending the training, is not available for work, fails to seek work, or refuses work.
(a) Benefits or waiting-week credit for any week may not be denied an otherwise eligible individual because the individual is attending a vocational training or retraining course with the approval of the director of the employment security division or because, while attending the course, the individual is not available for work or refuses an offer of work.
(b) An otherwise eligible individual may not be denied benefits or waiting-week credit for any week because the individual is in training approved under 19 U.S.C. 2296(a)(1) (sec. 236(a)(1), Trade Act of 1974), if
(1) while attending the training, the individual is not available for work, fails to seek work, or refuses work; or
(2) the individual left work that was not suitable employment to enter training.
(c) In (b)(2) of this section, “suitable employment” means work that
(1) pays at least 80 percent of the individual's average weekly wage, as determined for the purposes of the Trade Act of 1974; and
(2) is at least equal in skill level to the individual's past adversely affected employment, as defined for purposes of the Trade Act of 1974.
(d) An otherwise eligible individual may not be denied benefits or waiting-week credit for any week because the individual is in any training approved under P.L. 105-220 (Workforce Investment Act of 1998) and, while attending the training, is not available for work, fails to seek work, or refuses work.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 6. Benefits. › Sec. 23.20.383. Labor dispute disqualification.

(a) An insured worker is disqualified for waiting-week credit or benefits for a week of the insured worker's unemployment if, for that week, the department finds the insured worker's unemployment is due to a stoppage of work caused by a labor dispute at the immediate establishment or other premises at which the insured worker is or was last employed. For the purposes of this section, each separate department of the same premises which is commonly conducted as a separate business in separate premises is considered a separate establishment or other premises.
(b) This section does not apply if the department finds that
(1) the insured worker was not participating in or directly interested in the labor dispute that caused the insured worker's unemployment, and the insured worker did not belong to a grade or class of workers that, immediately before the commencement of the dispute, had members employed at the premises at which the labor dispute occurred who were participating in or directly interested in the labor dispute; or
(2) the labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the insured worker, or a state or federal law pertaining to hours, wages, or other conditions of work.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 6. Benefits. › Sec. 23.20.385. Suitable work.

(a) Work may not be considered suitable and benefits may not be denied under a provision of this chapter to an otherwise eligible individual for refusing to accept new work under any of the following conditions:
(1) if the position offered is vacant due directly to a strike, lockout, or other labor dispute;
(2) if the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality;
(3) if, as a condition of being employed, the individual would be required to join a company union or to resign from or refrain from joining a bona fide labor organization.
(b) In determining whether work is suitable for a claimant and in determining the existence of good cause for leaving or refusing work, the department shall, in addition to determining the existence of any of the conditions specified in (a) of this section, consider the degree of risk to the claimant's health, safety, and morals, the claimant's physical fitness for the work, the claimant's prior training, experience, and earnings, the length of the claimant's unemployment, the prospects for obtaining work at the claimant's highest skill, the distance of the available work from the claimant's residence, the prospects for obtaining local work, and other factors that influence a reasonably prudent person in the claimant's circumstances.
(c) This section shall be given the same meaning as the Secretary of Labor gives to 26 U.S.C. 3304(a)(5) (Internal Revenue Code of 1954).
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 6. Benefits. › Sec. 23.20.387. Disqualification for misrepresentation.

(a) An insured worker is disqualified for benefits for the week with respect to which the false statement or misrepresentation was made and for an additional period of not less than six weeks or more than 52 weeks if the department determines that the insured worker has knowingly made a false statement or misrepresentation of a material fact or knowingly failed to report a material fact with intent to obtain or increase benefits under this chapter. The length of the additional disqualification and the beginning date of that disqualification shall be determined by the department according to the circumstances in each case.
(b) A person may not be disqualified from receiving benefits under this section unless there is documented evidence that the person has made a false statement or a misrepresentation as to a material fact or has failed to disclose a material fact. Before a determination of fraudulent misrepresentation or nondisclosure may be made, there must be a preponderance of evidence of an intention to defraud, and the false statement or misrepresentation must be shown to be knowing and to involve a material fact.
(c) The insured worker shall be notified of the department's determination under this section as provided in AS 23.20.340(f) and may appeal the determination as provided in AS 23.20.415.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 6. Benefits. › Sec. 23.20.392. Deductions from back pay awards.

An employer who makes a deduction from a back pay award to an insured worker because of the insured worker's receipt of benefits under this chapter for which the insured worker is ineligible by reason of the back pay award, shall pay into the unemployment trust fund an amount equal to the amount of the deduction. If an employer making a payment under this section has already reimbursed the department for the benefits under AS 23.20.276 and 23.20.277, the account of the employer shall be properly credited. The insured worker's liability under AS 23.20.390 shall be reduced by the amount paid by the employer under this section.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 6. Benefits. › Sec. 23.20.395. Waiver of rights void.

(a) An agreement by an individual to waive, release, or commute the individual's right to benefits or any other rights under this chapter is void.
(b) An agreement by an individual in the employ of a person or concern to pay all or a portion of an employer's contributions required under this chapter from the employer is void.
(c) An employer may not make or require or accept a deduction from wages to finance the employer's contributions required from the employer, or require or accept a waiver of any right under this chapter by an employee. An employer or officer or agent of an employer who violates a provision of this section upon conviction is punishable, for each offense, by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 6. Benefits. › Sec. 23.20.400. Limitation of fees.

(a) An individual claiming benefits may not be charged a fee of any kind in a proceeding under this chapter by the department or its representatives, or by a court or an officer of a court. An individual claiming benefits in a proceeding before the department or its representatives or a court may be represented by counsel or other authorized agent; but the counsel or agent may not charge or receive for services more than an amount approved by the department or the court.
(b) A person who violates a provision of this section upon conviction is punishable, for each offense, by a fine of not more than $500, or by imprisonment for not more than six months, or by both.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 6. Benefits. › Sec. 23.20.403. Voluntary income tax withholding.

(a) When an individual files a new claim for unemployment compensation, the department shall advise the individual that
(1) unemployment compensation benefits are subject to federal income tax;
(2) federal requirements exist pertaining to estimated federal tax payments;
(3) the individual may elect to have federal income tax deducted and withheld from the individual's payment of unemployment compensation benefits at the amount specified in 26 U.S.C. (Internal Revenue Code); and
(4) the individual is permitted to change a previously elected status for the withholding of federal income tax.
(b) Amounts deducted for federal income taxes and withheld from unemployment compensation benefits shall remain in the unemployment fund until transferred to the federal Internal Revenue Service as payment of federal income tax.
(c) The department shall comply with legal requirements of the federal Department of Labor and the Internal Revenue Service regarding the deduction and withholding of federal income tax.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 6. Benefits. › Sec. 23.20.405. Assignment void; exemption of benefits.

(a) An assignment, pledge, or encumbrance of a right to benefits which are or may become due or payable under this chapter is void.
(b) [Repealed, § 14 ch 62 SLA 1982.]
(c) [Repealed, § 14 ch 62 SLA 1982.]
(d) A waiver of an exemption provided in this section is void.
(e) Benefits paid or payable under this chapter are exempt from levy to enforce the collection of a debt as provided in AS 09.38 (exemptions).
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 7. Extended Unemployment Compensation. › Sec. 23.20.407. Weekly extended benefit amount; total payable.

(a) The weekly extended benefit amount payable to an individual for a week of total unemployment in the individual's eligibility period is an amount equal to the weekly benefit amount, including the allowance for dependents, payable to the individual during the applicable benefit year.
(b) The total extended benefit amount payable to any eligible individual with respect to the individual's applicable benefit year is the least of the following amounts:
(1) 50 percent of the total amount of regular benefits, including dependents' allowances, which were payable to the individual under this chapter in the individual's applicable benefit year;
(2) 13 times the weekly benefit amount, including dependents' allowances, which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year; or
(3) 39 times the weekly benefit amount, including dependents' allowances, which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid or considered paid to the individual under this chapter with respect to the benefit year.
(c) Notwithstanding any other provision of this chapter, if the benefit year of an individual ends within an extended benefit period, the remaining balance of extended benefits that the individual would, but for this section, be entitled to receive in the extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced by the number of weeks for which the individual received an amount as a trade readjustment allowance within the benefit year multiplied by the individual's weekly benefit amount for extended benefits. However, the extended benefits may not be reduced below zero.
(d) During a high unemployment period, as described in AS 23.20.408(i), the total extended benefit amount payable to an eligible individual with respect to the individual's applicable benefit year equals the lowest amount calculated under the following:
(1) 80 percent of the total amount of regular benefits, including dependents' allowances, that were payable to the individual under this chapter in the individual's applicable benefit year;
(2) 20 times the weekly benefit amount, including dependents' allowances, that was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year; or
(3) 46 times the weekly benefit amount, including dependents' allowances, that was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits that were paid or considered by the department to be paid to the individual under this chapter with respect to the benefit year.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 7. Extended Unemployment Compensation. › Sec. 23.20.408. Extended benefit periods.

(a) When an extended benefit period is to become effective in this state as a result of a state “on” indicator, or an extended benefit period is to be terminated in this state as a result of a state “off” indicator, the department shall make an appropriate public announcement.
(b) An extended benefit period may not begin by reason of a state “on” indicator before the 14th week following the end of a prior extended benefit period which was in effect with respect to this state.
(c) [Repealed, § 25 ch 122 SLA 1977.]
(d) [Repealed, § 33 ch 115 SLA 1982.]
(e) [Repealed, § 33 ch 115 SLA 1982.]
(f) Except as provided in (g)(2) of this section, there is a state “on” indicator for a week if the
(1) rate of insured unemployment under this chapter for the period consisting of that week and the immediately preceding 12 weeks either equaled or exceeded
(A) 120 percent of the average rate of insured unemployment for the corresponding 13-week period in each of the preceding two calendar years and equaled or exceeded five percent; or
(B) six percent, without regard to the rate of insured unemployment in the two previous years; or
(2) average rate of seasonally adjusted total unemployment, as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before the end of that week equals or exceeds
(A) 6.5 percent; and
(B) 110 percent of that average for either or both of the corresponding three-month periods ending in the two preceding calendar years.
(g) There is a state “off” indicator for a week if,
(1) for the period consisting of that week and the immediately preceding 12 weeks, there was not an “on” indicator under (f) of this section; or
(2) notwithstanding (f) of this section, in that week the state is otherwise eligible to participate in the emergency unemployment compensation program in 26 U.S.C. 3304; however, the department must trigger “off” to enable the state to participate in that program.
(h) In (f) of this section, “rate of insured unemployment” means the percentage derived by dividing (1) the average weekly number of individuals filing claims for regular compensation in this state for weeks of unemployment with respect to the most recent 13 consecutive week period, as determined by the department on the basis of its reports to the United States Secretary of Labor, by (2) the average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters ending before the close of that 13-week period. Computations required by this subsection shall be made by the department in accordance with regulations prescribed by the United States Secretary of Labor.
(i) The state is in a high unemployment period if the circumstances set out in (f)(2) of this section are present, but the average rate of seasonally adjusted total unemployment equals or exceeds eight percent.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 8. Appeals. › Sec. 23.20.415. Review by appeal tribunal.

(a) A party entitled to notice of determination provided in AS 23.20.340 may file an appeal from the determination to an appeal tribunal within the time specified in that section. However, an appeal from a determination which involves AS 23.20.383 shall be made to the department. The parties to an appeal from a determination shall include all those entitled to notice of the determination and a properly designated representative of the department.
(b) If an appeal involves a question whether service constitutes employment, the tribunal shall give notice of the appeal and the issues involved to a properly designated representative of the department and to the employing unit for which the service was performed. The employing unit, if not already a party, shall then become a party to the appeal.
(c) If an appeal from a determination is pending on the date a redetermination is issued, the appeal unless withdrawn shall be treated as an appeal from the redetermination. Appeals may be withdrawn at the request of the appellant and with the permission of the appeal tribunal if the record preceding the appeal and the request for the withdrawal support the correctness of the determination, and indicate that no coercion or fraud is involved in the withdrawal.
(d) In addition to the issues raised by the determination which is appealed, the tribunal may hear and decide additional issues affecting the claimant's rights to benefits if, by the date of hearing, the department has issued no final determination concerning the additional issues and the parties involved have been notified of the hearing and of the pendency of the additional issues.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 8. Appeals. › Sec. 23.20.420. Hearing procedure and record.

(a) Each party shall be promptly given a reasonable opportunity for fair hearing. An appeal tribunal shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common law rules. The appeal tribunal shall include in the record and consider as evidence all records of the department that are material to the issues.
(b) The department shall adopt regulations governing the manner of filing appeals and the conduct of hearings and appeals consistent with the provisions of this chapter. A record shall be kept of all testimony and proceedings in an appeal, but testimony need not be transcribed unless further review is initiated.
(c) Witnesses subpoenaed shall be allowed fees at a rate fixed by the department. The fees of witnesses subpoenaed on behalf of the department or a claimant are considered part of the expense of administering this chapter.
(d) A member of the department, or of an appeal tribunal, or a person acting on behalf of the department may not participate in an appeal in which the person has an interest.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 8. Appeals. › Sec. 23.20.425. Consolidated appeals.

(a) When the same or substantially similar evidence is material to the matter in issue with respect to more than one individual, as long as no party is prejudiced, (1) the same time and place for considering all cases may be fixed; (2) hearings on the cases may be jointly conducted; (3) a single record of the proceedings may be made; and (4) evidence introduced with respect to one proceeding may be considered as introduced in the others.
(b) However, a party who would be prejudiced by a proceeding under (a) of this section may have a separate hearing upon demand.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 8. Appeals. › Sec. 23.20.430. Notice of decision and time for appeal.

After a hearing an appeal tribunal shall promptly make findings and conclusions and on the basis of them shall affirm, modify, or reverse the determination. Each party shall be promptly given a copy of the decision, the supporting findings, and the conclusions. This decision is final unless further review is initiated under AS 23.20.435 within 30 days after the decision is mailed to each party at the party's last address of record or delivered to the party. The period within which further review may be initiated may be extended for a reasonable period of time upon a showing that the application was delayed as a result of circumstances beyond the party's control.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 8. Appeals. › Sec. 23.20.435. Review by department.

(a) An appeal to the department by a party is a matter of right if the decision of the appeal tribunal reverses or modifies the determination of the department, or if a question arising under AS 23.20.383 is presented. In all other cases further appeal to the department is permitted only at the discretion of the department.
(b) The department on its own motion may initiate a review of a decision or determination of an appeal tribunal within 30 days after the date of the decision. The department may affirm, modify, or reverse the findings or conclusions of the appeal tribunal solely on the basis of evidence previously submitted, or upon the basis of additional evidence that it may take or direct to be taken.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 8. Appeals. › Sec. 23.20.440. Removal of appeal to department.

The department may remove to itself or transfer to another appeal tribunal an appeal pending before an appeal tribunal. In an appeal removed to the department, before a fair hearing has been completed, the parties shall be given a fair hearing by the department as required by AS 23.20.410 - 23.20.470 with respect to proceedings before an appeal tribunal.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 8. Appeals. › Sec. 23.20.445. Notice of decision of department and judicial review.

Each party, including the properly designated representative of the department, shall be promptly given a copy of the decision and the supporting findings and conclusions of the department. The decision is final unless a party initiates judicial review by filing an appeal in the superior court as provided in the Rules of Appellate Procedure of the State of Alaska. For the purpose of judicial review, an appeal tribunal's decision from which an application for appeal has been denied by the department is considered the decision of the department, except that the time for initiating judicial review runs from the date of the mailing or delivery of the notice of the denial of the application for appeal by the department.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 8. Appeals. › Sec. 23.20.450. Conclusiveness of final determinations and decisions.

(a) Except to the extent there is a redetermination under AS 23.20.330 - 23.20.405, all final determinations and decisions are conclusive upon employing units with notice, the department, and the claimant. A final determination or decision as to benefit rights is not subject to collateral attack by an employing unit regardless of notice.
(b) The department, or appeal tribunal, shall reopen a determination or decision or revoke permission for withdrawal of an appeal if (1) it finds that a worker or employer has been defrauded or coerced in connection with the determination, decision, or withdrawal of the appeal, and (2) the defrauded or coerced person informs the appropriate officer or body of the fraud or coercion within 60 days after the person has become aware of the fraud or within 60 days after the coercion has been removed.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 8. Appeals. › Sec. 23.20.455. Rule of decision and certification to department.

(a) Final decisions of the department and the principles of law declared in their support are binding in all subsequent proceedings under this chapter involving similar questions unless expressly or impliedly overruled by a later decision of the department or of a court. Final decisions of appeal tribunals and the principles of law declared in their support are binding on the employees and representatives of the department and are persuasive authority in subsequent appeal tribunal proceedings.
(b) If in a subsequent proceeding the department or an appeal tribunal has serious doubt as to the correctness of a principle previously declared by an appeal tribunal or by the department, or if there is an apparent inconsistency or conflict in final decisions of comparable authority, then the findings of fact in the case may be certified, together with the question of law involved, to the department. After giving notice and reasonable opportunity for hearing upon the law to all parties to the proceedings, the department shall certify to the appropriate employees or representatives of the department or appeal tribunal and the parties its answer to the question submitted; or the department in its discretion may remove to itself the entire proceeding as provided in AS 23.20.440 and give its decision upon the entire case.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 8. Appeals. › Sec. 23.20.460. Limitation of fees.

A claimant may not be charged fees or costs of any kind by the department, its representative, an appeal tribunal, a court, or a court officer. However, a court may assess costs against the claimant if it determines that the proceedings for judicial review have been instituted without reasonable grounds.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 8. Appeals. › Sec. 23.20.470. Attorney fees.

(a) An attorney at law representing a claimant on appeal to the courts is entitled to reasonable counsel fees as fixed by the court and necessary court costs and printing disbursements as fixed by the court.
(b) The department shall pay the counsel fees, costs, and disbursements out of employment security administration funds in a court appeal (1) from an administrative or judicial decision favorable in whole or in part to the claimant, (2) by a claimant from a department decision which reverses a tribunal decision in the claimant's favor, (3) as a result of which the claimant is awarded benefits, or (4) by a claimant from a decision by a tribunal, the department, or court which was not unanimous.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 9. General Provisions. › Sec. 23.20.480. Termination.

(a) If the Federal Unemployment Tax Act is amended or repealed by Congress, or is held unconstitutional by the United States Supreme Court, with the result that no portion of the contributions required under this chapter may be credited against the tax imposed by the federal Act, the Department of Labor and Workforce Development shall send immediate notice of the fact to the governor of the state. Because of the danger to the welfare of the people of the state the governor may then call a special session of the legislature, if necessary, so that it may take measures to effectuate the purpose of this chapter or to end its operations.
(b) Pending the determination by the legislature, the department shall requisition from the unemployment trust fund all money in the fund to its credit. This money, together with any other money in the unemployment fund, as long as the money is available, shall be used for the payment of benefits in accordance with this chapter.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 9. General Provisions. › Sec. 23.20.485. False statement to secure benefits.

A person who makes a false statement or misrepresentation knowing it is false or who knowingly fails to disclose a material fact, with intent to obtain or increase a benefit or other payment under this chapter or under an employment security law of another state, of the federal government, or of a foreign government, either for that person or another, is guilty of a class B misdemeanor. Each false statement or misrepresentation or failure to disclose a material fact is a separate offense.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 9. General Provisions. › Sec. 23.20.486. Participation in the federal offset program.

In addition to any remedies authorized by this chapter, the department may offset any covered unemployment compensation debt against a claimant's federal income tax refund in accordance with 26 U.S.C. 6402.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 9. General Provisions. › Sec. 23.20.490. Acts of employer prohibited.

(a) An employing unit or an officer or agent of an employing unit may not
(1) make a false statement or representation knowing it is false;
(2) knowingly fail to disclose a material fact to prevent or reduce the payment of benefits to an individual entitled to them, or to avoid or reduce a contribution or other payment required from an employing unit under this chapter; or
(3) knowingly fail or refuse to make a contribution or other payment, or to furnish a report required by this chapter or by authority granted under this chapter, or to produce or permit the inspection or copying of records as required by this chapter.
(b) An employing unit or officer or agent of an employing unit who violates (a) of this section is guilty of a class A misdemeanor.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 9. General Provisions. › Sec. 23.20.495. Noncompliance with subpoena of agency.

A person who, without just cause, fails or refuses to attend and testify or to answer a lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in the person's power to do so, in obedience to a subpoena of the department, an appeal tribunal, or an authorized representative of any of them, upon conviction, is punishable by a fine of not more than $200, or by imprisonment for not more than 60 days, or by both. Each day the failure or refusal continues is a separate offense.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 9. General Provisions. › Sec. 23.20.497. Binding effect of department decisions.

(a) A finding of fact or law, judgment, conclusion, or final order made with respect to a claim for unemployment compensation under this chapter is not conclusive or binding in any separate or subsequent action or proceeding in another forum concerning proceedings not under this chapter, regardless of whether the prior action was between the same or related parties or involved the same facts.
(b) In this section, “action” means a court or administrative proceeding not brought under this chapter or an arbitration proceeding.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 9. General Provisions. › Sec. 23.20.500. Violation of statute or regulations.

A person who wilfully violates a provision of this chapter or an order or regulation under it, the violation of which is made unlawful or the observance of which is required under this chapter, and for which a penalty is not prescribed in this chapter or provided by another applicable statute, upon conviction, is punishable by a fine of not more than $200, or by imprisonment for not more than 60 days, or by both.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 9. General Provisions. › Sec. 23.20.505. Unemployed defined.

(a) An individual is considered “unemployed” in a week during which the individual performs no services and for which no wages are payable to the individual, or in a week of less than full-time work if the wages payable to the individual for the week are less than one and one-third times the individual's weekly benefit amount, excluding the allowance for dependents, plus $50.
(b) [Repealed, § 33 ch 115 SLA 1982.]
(c) [Repealed, § 33 ch 115 SLA 1982.]
(d) An individual is not considered “unemployed” in a week if
(1) the individual is not performing services during that week because the individual is on leave from the regular employer of the individual for a period of four weeks or less; and
(2) the leave is part of a work schedule consisting of alternating periods of work and leave in which the hours of work for one complete period of work and leave average at least 40 hours per week.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 20. Alaska Employment Security Act › Article 9. General Provisions. › Sec. 23.20.510. Pay period.

(a) If the service performed during one-half or more of a pay period by an individual for an employing unit constitutes employment, all the service of the individual for the period is considered employment.
(b) If the service performed during more than one-half of a pay period by an individual for an employing unit does not constitute employment, then none of the service of the individual for the period is considered employment.
(c) In this section, “pay period” means a period of not more than 31 consecutive days for which a payment for service is ordinarily made to the individual by the employing unit. This section does not apply to service performed in a pay period by an individual for an employing unit when any of the service is excluded because it is subject to an unemployment insurance program established by an Act of Congress.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 25. Employer's Liability for Negligence › Sec. 23.25.010. Liability to employees for defects or insufficiency of machinery.

A person engaged in manufacturing, mining, constructing, building, or other business or occupation carried on by means of machinery or mechanical appliances is liable to an employee or, in the event of the employee's death, to the employee's personal representative for the benefit of the employee's surviving spouse and children, if any, or if none, then for the employee's parents, or, if neither surviving spouse, nor children nor parents, then for the employee's next of kin dependent upon the employee, for all damages that may result from the negligence of any of the employer's officers, agents, or employees, or by reason of defect or insufficiency due to the employer's negligence in the machinery, appliances, and works.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 25. Employer's Liability for Negligence › Sec. 23.25.020. Contributory negligence not a defense.

In an action against a master or employer under AS 23.25.010 the fact that the employee may have been guilty of contributory negligence does not bar a recovery where the employee's contributory negligence was slight and the negligence of the employer was gross in comparison, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to the employee. All questions of negligence and contributory negligence are for the jury.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 25. Employer's Liability for Negligence › Sec. 23.25.030. Contract, insurance, or indemnity is not a defense.

(a) No contract of employment, insurance, relief benefit, indemnity for injury or death entered into by or on behalf of an employee, nor the acceptance of insurance, relief benefit, or indemnity by the person entitled to it constitutes a bar or defense to an action brought to recover damages for personal injuries to or death of the employee.
(b) Upon trial of the action the defendant may set off the sum contributed by the employer toward the insurance, relief benefit, or indemnity paid to the employee, or in case of the employee's death to the employee's personal representative.
(c) Contributions for insurance, relief benefit, or indemnity exacted from or paid by the employee may not be allowed as set off.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 25. Employer's Liability for Negligence › Sec. 23.25.040. Prerequisites to maintenance of action.

An action may not be maintained under this chapter unless
(1) it is shown that there exist beneficiaries as provided in AS 23.25.010;
(2) the action is brought within two years from the time the cause of action accrued.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 1. Administration. › Sec. 23.30.001. Legislative intent.

It is the intent of the legislature that
(1) this chapter be interpreted so as to ensure the quick, efficient, fair, and predictable delivery of indemnity and medical benefits to injured workers at a reasonable cost to the employers who are subject to the provisions of this chapter;
(2) workers' compensation cases shall be decided on their merits except where otherwise provided by statute;
(3) this chapter may not be construed by the courts in favor of a party;
(4) hearings in workers' compensation cases shall be impartial and fair to all parties and that all parties shall be afforded due process and an opportunity to be heard and for their arguments and evidence to be fairly considered.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 30. Alaska Workers' Compensation Act › Article 1. Administration. › Sec. 23.30.008. Powers and duties of the commission.

(a) The commission shall be the exclusive and final authority for the hearing and determination of all questions of law and fact arising under this chapter in those matters that have been appealed to the commission, except for an appeal to the Alaska Supreme Court. The commission does not have jurisdiction in any case that does not arise under this chapter or in any criminal case. On any matter taken to the commission, the decision of the commission is final and conclusive, unless appealed to the Alaska Supreme Court, and shall stand in lieu of the order of the board from which the appeal was taken. Unless reversed by the Alaska Supreme Court, decisions of the commission have the force of legal precedent.
(b) The commission, in its administrative capacity, shall maintain, index, and make available for public inspection the final administrative decisions and orders of the commission and of the board. The chair of the commission may review and circulate among the other members of the relevant commission appeal panel the drafts of the panel's formal decisions and decisions upon reconsideration. The drafts are confidential documents and are not subject to disclosure.
(c) The chair of the commission shall draft and propose, and the commission in its administrative capacity may adopt, regulations implementing the commission's authority and duties under this chapter, including rules of procedure and evidence for proceedings before the commission under this chapter. The provisions of AS 44.62 (Administrative Procedure Act) apply to the adoption of regulations by the commission.
(d) In an appeal, the commission shall award a successful party reasonable costs and, if the party is represented by an attorney, attorney fees that the commission determines to be fully compensatory and reasonable. However, the commission may not make an award of attorney fees against an injured worker unless the commission finds that the worker's position on appeal was frivolous or unreasonable or the appeal was taken in bad faith.
(e) The commission, in its administrative capacity, may adopt and alter an official seal and do all things necessary, convenient, or desirable to carry out the powers expressly granted or necessarily implied in this chapter.