Alaska Statutes
Alaska Stat. § 23.30.005 (2026)
Alaska Workers' Compensation Board
✓ current as of July 2026
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Sec. 23.30.005. Alaska Workers' Compensation Board.
(a) The Alaska Workers' Compensation Board consists of a southern panel of three members sitting for the first judicial district, two northern panels of three members sitting for the second and fourth judicial districts, five southcentral panels of three members each sitting for the third judicial district, and one panel of three members that may sit in any judicial district. Each panel must include the commissioner of labor and workforce development or a hearing officer designated to represent the commissioner, a representative of industry, and a representative of labor. The latter two members of each panel shall be appointed by the governor and are subject to confirmation by a majority of the members of the legislature in joint session. The board shall by regulation provide procedures to avoid conflicts and the appearance of impropriety in hearings.
(b) The commissioner shall act as chair and executive officer of the board and chair of each panel. The commissioner may designate a representative to act for the commissioner as chair and executive officer of the board. The commissioner may designate hearing officers to serve as chairs of panels for hearing claims.
(c) The governor shall appoint the members of the panels. Each member, except the commissioner of labor and workforce development, serves a term of three years. The term of a management member and the term of a labor member of each panel may not expire in the same year. The management and labor members are entitled to compensation in the amount of $50 a day for each day or portion of a day spent in actual meeting or on authorized official business incidental to their duties and to all other transportation and per diem as provided by law.
(d) [Repealed, § 9 ch 77 SLA 1979.]
(e) A member of one panel may serve on another panel when the commissioner considers it necessary for the prompt administration of this chapter. Transfers shall be allowed only if a labor or management representative replaces a counterpart on the other panel.
(f) Two members of a panel constitute a quorum for hearing claims and the action taken by a quorum of a panel is considered the action of the full board.
(g) A claim may be heard by only one panel.
(h) The department shall adopt rules for all panels and procedures for the periodic selection, retention, and removal of both rehabilitation specialists and physicians under AS 23.30.041, 23.30.043, and 23.30.095, and shall adopt regulations to carry out the provisions of this chapter. The department may by regulation provide for procedural, discovery, or stipulated matters to be heard and decided by the commissioner or a hearing officer designated to represent the commissioner rather than a panel. If a procedural, discovery, or stipulated matter is heard and decided by the commissioner or a hearing officer designated to represent the commissioner, the action taken is considered the action of the full board on that aspect of the claim. Process and procedure under this chapter shall be as summary and simple as possible. The department, the board, or a member of it may for the purposes of this chapter subpoena witnesses, administer or cause to be administered oaths, and examine or cause to have examined the parts of the books and records of the parties to a proceeding that relate to questions in dispute. The superior court, on application of the department, the board, or any members of it, shall enforce the attendance and testimony of witnesses and the production and examination of books, papers, and records.
(i) The department may adopt regulations concerning the medical care provided for in this chapter. In addition to the reports required of physicians under AS 23.30.095(a) — (d), the board may direct a physician or hospital rendering medical treatment or service under this chapter to furnish to the board periodic reports of treatment or services on forms procured from the board.
(j) The board may also arrange to have hearings held by the commission, officer, or tribunal having authority to hear cases arising under the workers' compensation law of any other state, of the District of Columbia, or of any territory of the United States. The testimony and proceedings at the hearing shall be reported to the board and are a part of the record in the case. Evidence taken at the hearing is subject to rebuttal upon final hearing before the board.
(k) The board shall notify the contracting agency of the state or of a political subdivision of the state when it revokes the self-insurance certificate of an employer holding a contract with the state or a political subdivision of the state.
(l) Regulations adopted by the department under (h) and (i) of this section become effective only after approval by a majority of the full board.
(m) The board may by regulation delegate authority to the director to assist the board in administering and enforcing this chapter.
(a) The Alaska Workers' Compensation Board consists of a southern panel of three members sitting for the first judicial district, two northern panels of three members sitting for the second and fourth judicial districts, five southcentral panels of three members each sitting for the third judicial district, and one panel of three members that may sit in any judicial district. Each panel must include the commissioner of labor and workforce development or a hearing officer designated to represent the commissioner, a representative of industry, and a representative of labor. The latter two members of each panel shall be appointed by the governor and are subject to confirmation by a majority of the members of the legislature in joint session. The board shall by regulation provide procedures to avoid conflicts and the appearance of impropriety in hearings.
(b) The commissioner shall act as chair and executive officer of the board and chair of each panel. The commissioner may designate a representative to act for the commissioner as chair and executive officer of the board. The commissioner may designate hearing officers to serve as chairs of panels for hearing claims.
(c) The governor shall appoint the members of the panels. Each member, except the commissioner of labor and workforce development, serves a term of three years. The term of a management member and the term of a labor member of each panel may not expire in the same year. The management and labor members are entitled to compensation in the amount of $50 a day for each day or portion of a day spent in actual meeting or on authorized official business incidental to their duties and to all other transportation and per diem as provided by law.
(d) [Repealed, § 9 ch 77 SLA 1979.]
(e) A member of one panel may serve on another panel when the commissioner considers it necessary for the prompt administration of this chapter. Transfers shall be allowed only if a labor or management representative replaces a counterpart on the other panel.
(f) Two members of a panel constitute a quorum for hearing claims and the action taken by a quorum of a panel is considered the action of the full board.
(g) A claim may be heard by only one panel.
(h) The department shall adopt rules for all panels and procedures for the periodic selection, retention, and removal of both rehabilitation specialists and physicians under AS 23.30.041, 23.30.043, and 23.30.095, and shall adopt regulations to carry out the provisions of this chapter. The department may by regulation provide for procedural, discovery, or stipulated matters to be heard and decided by the commissioner or a hearing officer designated to represent the commissioner rather than a panel. If a procedural, discovery, or stipulated matter is heard and decided by the commissioner or a hearing officer designated to represent the commissioner, the action taken is considered the action of the full board on that aspect of the claim. Process and procedure under this chapter shall be as summary and simple as possible. The department, the board, or a member of it may for the purposes of this chapter subpoena witnesses, administer or cause to be administered oaths, and examine or cause to have examined the parts of the books and records of the parties to a proceeding that relate to questions in dispute. The superior court, on application of the department, the board, or any members of it, shall enforce the attendance and testimony of witnesses and the production and examination of books, papers, and records.
(i) The department may adopt regulations concerning the medical care provided for in this chapter. In addition to the reports required of physicians under AS 23.30.095(a) — (d), the board may direct a physician or hospital rendering medical treatment or service under this chapter to furnish to the board periodic reports of treatment or services on forms procured from the board.
(j) The board may also arrange to have hearings held by the commission, officer, or tribunal having authority to hear cases arising under the workers' compensation law of any other state, of the District of Columbia, or of any territory of the United States. The testimony and proceedings at the hearing shall be reported to the board and are a part of the record in the case. Evidence taken at the hearing is subject to rebuttal upon final hearing before the board.
(k) The board shall notify the contracting agency of the state or of a political subdivision of the state when it revokes the self-insurance certificate of an employer holding a contract with the state or a political subdivision of the state.
(l) Regulations adopted by the department under (h) and (i) of this section become effective only after approval by a majority of the full board.
(m) The board may by regulation delegate authority to the director to assist the board in administering and enforcing this chapter.
Notes of Decisions
Cited in 25
cases (4 in the last 5 years), 1963–2023 · leading case: Alaska Pub. Interest Rsch. Grp. v. State, 167 P.3d 27 (Alaska 2007).
Alaska Pub. Interest Rsch. Grp. v. State, 167 P.3d 27 (Alaska 2007). “AS 23.30.005(a). 94 . DeNuptiis v. Unocal Corp.”
At & T ALASCOM v. Orchitt, 161 P.3d 1232 (Alaska 2007). “It argues that AS 23.30.005(a) and (e) require that a workers’ compensation hearing panel be balanced, and that the panel here did not meet this requirement.”
Palmer v. Mun. of Anchorage, Police & Fire Ret. Bd., 65 P.3d 832 (Alaska 2003). “030 (public employees' retirement board); AS 23.30.005(a) (workers' compensation board).”
Schmidt v. Beeson Plumbing & Heating, Inc., 869 P.2d 1170 (Alaska 1994). “AS 23.30.005(a). Two members of a hearing panel constitute a quorum for hearing claims.”
Cooper v. Argonaut Ins. Companies, 556 P.2d 525 (Alaska 1976). “015(g) provides in part: If the employee or his representative recovers damages from the third person, the employee or representative shall promptly pay to the employer the total amounts paid by the employer under (e) (1) (A), (B), and (C) of this section, insofar as the…”
Smith v. Univ. of Alaska, Fairbanks, 172 P.3d 782 (Alaska 2007). “AS 23.30.005(a) requires that each board panel be composed of a hearing officer, a representative of industry, and a representative of labor.”
Alaska State Comm'n for Human Rights v. United Physical Therapy, United Physical Therapy v. Alaska State Comm'n for Human Rights, 484 P.3d 599 (Alaska 2021). “29 AS 23.30.005(h). 30 8 AAC 45.065(a). 31 Bohlmann v.”
DeNuptiis v. Unocal Corp., 63 P.3d 272 (Alaska 2003). “AS 23.30.005(h). 10 . AS 23.30.135(a). 11 .”
Shawn Murphy v. Fairbanks North Star Borough, 494 P.3d 556 (Alaska 2021). “85 AS 23.30.005(h). 86 In contrast, Alaska Civil Rule 82(b)(2) authorizes an award of attorney’s fees for “legal work customarily performed by an attorney but which was delegated to and performed by a[] .”
Gunter v. Kathy-O-Estates, 87 P.3d 65 (Alaska 2004). “See AS 23.30.005. 14 . AS 23.30.045(a)-(b) (citing AS 23.”
Alaska Workmen's Comp. Bd. v. Marsh, 550 P.2d 805 (Alaska 1976). “[1] AS 23.30.005 et seq. AS 23.30.020 provides in part that every contract of hire ".”
Hagen Ins., Inc. v. Roller, 139 P.3d 1216 (Alaska 2006). “AS 23.30.005 et seq. 14 . David H. Kaye et al.”
— Alaska Stat. § 23.30.005(a) — 6 cases
At & T ALASCOM v. Orchitt, 161 P.3d 1232 (Alaska 2007). “It argues that AS 23.30.005(a) and (e) require that a workers’ compensation hearing panel be balanced, and that the panel here did not meet this requirement.”
Alaska Pub. Interest Rsch. Grp. v. State, 167 P.3d 27 (Alaska 2007). “AS 23.30.005(a). 94 . DeNuptiis v. Unocal Corp.”
Palmer v. Mun. of Anchorage, Police & Fire Ret. Bd., 65 P.3d 832 (Alaska 2003). “030 (public employees' retirement board); AS 23.30.005(a) (workers' compensation board).”
Smith v. Univ. of Alaska, Fairbanks, 172 P.3d 782 (Alaska 2007). “AS 23.30.005(a) requires that each board panel be composed of a hearing officer, a representative of industry, and a representative of labor.”
Schmidt v. Beeson Plumbing & Heating, Inc., 869 P.2d 1170 (Alaska 1994). “AS 23.30.005(a). Two members of a hearing panel constitute a quorum for hearing claims.”
— Alaska Stat. § 23.30.005(b) — 1 case
Alaska Pub. Interest Rsch. Grp. v. State, 167 P.3d 27 (Alaska 2007). “AS 23.30.005(a). 94 . DeNuptiis v. Unocal Corp.”
— Alaska Stat. § 23.30.005(e) — 1 case
Schmidt v. Beeson Plumbing & Heating, Inc., 869 P.2d 1170 (Alaska 1994). “AS 23.30.005(a). Two members of a hearing panel constitute a quorum for hearing claims.”
— Alaska Stat. § 23.30.005(f) — 5 cases
Palmer v. Mun. of Anchorage, Police & Fire Ret. Bd., 65 P.3d 832 (Alaska 2003). “030 (public employees' retirement board); AS 23.30.005(a) (workers' compensation board).”
Schmidt v. Beeson Plumbing & Heating, Inc., 869 P.2d 1170 (Alaska 1994). “AS 23.30.005(a). Two members of a hearing panel constitute a quorum for hearing claims.”
Smith v. Univ. of Alaska, Fairbanks, 172 P.3d 782 (Alaska 2007). “AS 23.30.005(a) requires that each board panel be composed of a hearing officer, a representative of industry, and a representative of labor.”
Osborne Constr. Co. v. Jordan, 904 P.2d 386 (Alaska 1995).
Kamil Maalah v. Trident Seafoods & Liberty Ins. Co. (Alaska 2020).
— Alaska Stat. § 23.30.005(h) — 4 cases
Alaska State Comm'n for Human Rights v. United Physical Therapy, United Physical Therapy v. Alaska State Comm'n for Human Rights, 484 P.3d 599 (Alaska 2021). “29 AS 23.30.005(h). 30 8 AAC 45.065(a). 31 Bohlmann v.”
DeNuptiis v. Unocal Corp., 63 P.3d 272 (Alaska 2003). “AS 23.30.005(h). 10 . AS 23.30.135(a). 11 .”
Shawn Murphy v. Fairbanks North Star Borough, 494 P.3d 556 (Alaska 2021). “85 AS 23.30.005(h). 86 In contrast, Alaska Civil Rule 82(b)(2) authorizes an award of attorney’s fees for “legal work customarily performed by an attorney but which was delegated to and performed by a[] .”
Wausau Ins. Companies v. Van Biene, 847 P.2d 584 (Alaska 1993).
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