Alaska Statutes
Alaska Stat. § 23.30.008 (2026)
Powers and duties of the commission
✓ current as of July 2026
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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.
(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.
Notes of Decisions
Cited in 22
cases (6 in the last 5 years), 2007–2025 · 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 23.30.008(a). 13 . AS 23.30.001-400. 14 .”
Warnke-Green v. Pro-West Contractors, LLC, 440 P.3d 283 (Alaska 2019). “AS 23.30.008. AS 23.30.128. At times Pro-West appears to interpret the Commission's order differently from our reading of it, arguing that the Commission, by regulation, has simply chosen not to exercise its reconsideration authority.”
Burke v. Raven Elec., Inc., 420 P.3d 1196 (Alaska 2018). “" 67 Although we have construed AS 23.30.008(d) several times, 68 we have not addressed the meaning of injured worker .”
State, Div. of Workers' Comp. v. Titan Enter., LLC, 338 P.3d 316 (Alaska 2014). “" The Commission wrote that it took "a dim view of *320 Christianson's conduct," but it felt "constrained by [AS 23.30.008(d) ] to award Titan 'fally compensatory and reasonable' attorney fees, and costs.”
Humphrey v. Lowe's Home Improvement Warehouse, Inc., 337 P.3d 1174 (Alaska 2014). “Despite this remand, however, the Commission denied Humphrey's request for attorney's fees for the appeal under AS 23.30.008(d), 31 deciding that "(bly any standard, Humphrey was not the successful party in this appeal.”
LEWIS-WALUNGA v. Mun. of Anchorage, 249 P.3d 1063 (Alaska 2011). “" 16 We now conclude that we should interpret "successful party" in AS 23.30.008(d) the same way we interpret "successful claimant" in Appellate Rule 508(g)(2).”
Richard Roberge v. ASRC Constr. Holding Co. & Arctic Slope Reg'l Corp., 503 P.3d 102 (Alaska 2022). “”9 “We give unambiguous statutory language its ordinary and common meaning, but the ‘plain meaning rule’ is not an exclusionary rule; we will look to legislative history as a guide to construing a statute’s words.”
Shehata v. Salvation Army, 225 P.3d 1106 (Alaska 2010). “AS 23.30.008(d). 46 . Crawford & Co. v. Vienna, 744 P.”
Smith v. CSK Auto, Inc., 204 P.3d 1001 (Alaska 2009). “3d at 1125 (citing AS 23.30.008(a); Alaska Pub. Interest Research Group v.”
Barrington v. Alaska Commc'ns Sys. Grp., Inc., 198 P.3d 1122 (Alaska 2009). “AS 23.30.008(a); Alaska Pub. Interest Research Group, 167 P.”
Monzulla v. Voorhees Concrete Cutting, 254 P.3d 341 (Alaska 2011). “007(a), AS 23.30.008(a), AS 23.30.125(b), and AS 28.”
D&D Servs. v. Cavitt, 444 P.3d 165 (Alaska 2019). “" We are not persuaded that the Commission's fees award was manifestly unreasonable. We have recognized that the Commission has discretion to determine an appropriate fee as long as the record supports its factual findings.”
— Alaska Stat. § 23.30.008(a) — 10 cases
Alaska Pub. Interest Rsch. Grp. v. State, 167 P.3d 27 (Alaska 2007). “AS 23.30.008(a). 13 . AS 23.30.001-400. 14 .”
Richard Roberge v. ASRC Constr. Holding Co. & Arctic Slope Reg'l Corp., 503 P.3d 102 (Alaska 2022). “”9 “We give unambiguous statutory language its ordinary and common meaning, but the ‘plain meaning rule’ is not an exclusionary rule; we will look to legislative history as a guide to construing a statute’s words.”
Smith v. CSK Auto, Inc., 204 P.3d 1001 (Alaska 2009). “3d at 1125 (citing AS 23.30.008(a); Alaska Pub. Interest Research Group v.”
Barrington v. Alaska Commc'ns Sys. Grp., Inc., 198 P.3d 1122 (Alaska 2009). “AS 23.30.008(a); Alaska Pub. Interest Research Group, 167 P.”
Monzulla v. Voorhees Concrete Cutting, 254 P.3d 341 (Alaska 2011). “007(a), AS 23.30.008(a), AS 23.30.125(b), and AS 28.”
— Alaska Stat. § 23.30.008(c) — 2 cases
Alaska Pub. Interest Rsch. Grp. v. State, 167 P.3d 27 (Alaska 2007). “AS 23.30.008(a). 13 . AS 23.30.001-400. 14 .”
State of Alaska, Dep't of Health & Soc. Servs. v. Jennifer D. White & John P. Shannon, D.C., 529 P.3d 534 (Alaska 2023).
— Alaska Stat. § 23.30.008(d) — 13 cases
Burke v. Raven Elec., Inc., 420 P.3d 1196 (Alaska 2018). “" 67 Although we have construed AS 23.30.008(d) several times, 68 we have not addressed the meaning of injured worker .”
State, Div. of Workers' Comp. v. Titan Enter., LLC, 338 P.3d 316 (Alaska 2014). “" The Commission wrote that it took "a dim view of *320 Christianson's conduct," but it felt "constrained by [AS 23.30.008(d) ] to award Titan 'fally compensatory and reasonable' attorney fees, and costs.”
Warnke-Green v. Pro-West Contractors, LLC, 440 P.3d 283 (Alaska 2019). “AS 23.30.008. AS 23.30.128. At times Pro-West appears to interpret the Commission's order differently from our reading of it, arguing that the Commission, by regulation, has simply chosen not to exercise its reconsideration authority.”
Humphrey v. Lowe's Home Improvement Warehouse, Inc., 337 P.3d 1174 (Alaska 2014). “Despite this remand, however, the Commission denied Humphrey's request for attorney's fees for the appeal under AS 23.30.008(d), 31 deciding that "(bly any standard, Humphrey was not the successful party in this appeal.”
LEWIS-WALUNGA v. Mun. of Anchorage, 249 P.3d 1063 (Alaska 2011). “" 16 We now conclude that we should interpret "successful party" in AS 23.30.008(d) the same way we interpret "successful claimant" in Appellate Rule 508(g)(2).”
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