Alaska Statutes
Alaska Stat. § 23.30.040 (2026)
Second injury fund
✓ current as of July 2026
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Sec. 23.30.040. Second injury fund.
(a) There is created a second injury fund, administered by the commissioner. Money in the second injury fund may only be paid for the benefit of those persons entitled to payment of benefits from the second injury fund under this chapter. Payments from the second injury fund must be made by the commissioner in accordance with the orders and awards of the board.
(b) If an employee suffers a compensable injury that results in temporary total disability, temporary partial disability, permanent partial disability, or permanent total disability, the employer or insurance carrier shall contribute to the second injury fund. The contribution shall be made annually at the time of the report filing required by AS 23.30.155(m). The amount of the contribution is the product of the compensation to which the employee is entitled for temporary total disability, temporary partial disability, permanent partial disability, or permanent total disability and the applicable contribution rate set out in column A of this subsection. Payment need not be made to the second injury fund if the total contribution under this subsection is less than $20. By December 15 of each year the commissioner shall determine and make available to the public the applicable contribution rate for the following calendar year according to the reserve rate of the second injury fund in column B of this subsection:
Column B Reserve Rate
Column A Second Injury Fund Contribution Rate(Percent)At Least(Percent)But Less Than(Percent)
6050
55075
475100
3100125
2125150
1150175
0175
(c) If an employee suffers a compensable injury that results in death and the employee is not survived by a widow, widower, child, or dependent relative eligible to receive death benefits under AS 23.30.215, the employer or insurance carrier shall pay $10,000 to the second injury fund.
(d) The board may refund a payment made into the second injury fund if the employer or insurance carrier shows that it made the payment by mistake or inadvertence, or if it shows there existed at the time of the death of the employee a beneficiary entitled to benefits under AS 23.30.215.
(e) [Repealed, § 27 ch 93 SLA 1982.]
(f) [Repealed, § 22 ch 91 SLA 2018.]
(g) The attorney general may investigate claims and hire expert witnesses necessary to prevent fraudulent or excessive claims for money in the second injury fund.
(h) Administration expenses of the state under this section and AS 23.30.205 must be paid from the second injury fund.
(i) The amount of a payment to the second injury fund and the conditions under which a payment is required of an employer or insurance carrier must be in accordance with the version of (b) of this section in effect on the date that the injury to the employee occurred.
(a) There is created a second injury fund, administered by the commissioner. Money in the second injury fund may only be paid for the benefit of those persons entitled to payment of benefits from the second injury fund under this chapter. Payments from the second injury fund must be made by the commissioner in accordance with the orders and awards of the board.
(b) If an employee suffers a compensable injury that results in temporary total disability, temporary partial disability, permanent partial disability, or permanent total disability, the employer or insurance carrier shall contribute to the second injury fund. The contribution shall be made annually at the time of the report filing required by AS 23.30.155(m). The amount of the contribution is the product of the compensation to which the employee is entitled for temporary total disability, temporary partial disability, permanent partial disability, or permanent total disability and the applicable contribution rate set out in column A of this subsection. Payment need not be made to the second injury fund if the total contribution under this subsection is less than $20. By December 15 of each year the commissioner shall determine and make available to the public the applicable contribution rate for the following calendar year according to the reserve rate of the second injury fund in column B of this subsection:
Column B Reserve Rate
Column A Second Injury Fund Contribution Rate(Percent)At Least(Percent)But Less Than(Percent)
6050
55075
475100
3100125
2125150
1150175
0175
(c) If an employee suffers a compensable injury that results in death and the employee is not survived by a widow, widower, child, or dependent relative eligible to receive death benefits under AS 23.30.215, the employer or insurance carrier shall pay $10,000 to the second injury fund.
(d) The board may refund a payment made into the second injury fund if the employer or insurance carrier shows that it made the payment by mistake or inadvertence, or if it shows there existed at the time of the death of the employee a beneficiary entitled to benefits under AS 23.30.215.
(e) [Repealed, § 27 ch 93 SLA 1982.]
(f) [Repealed, § 22 ch 91 SLA 2018.]
(g) The attorney general may investigate claims and hire expert witnesses necessary to prevent fraudulent or excessive claims for money in the second injury fund.
(h) Administration expenses of the state under this section and AS 23.30.205 must be paid from the second injury fund.
(i) The amount of a payment to the second injury fund and the conditions under which a payment is required of an employer or insurance carrier must be in accordance with the version of (b) of this section in effect on the date that the injury to the employee occurred.
Notes of Decisions
Cited in 15
cases, 1973–2018 · leading case: Bignell v. Wise Mech. Contractors, 651 P.2d 1163 (Alaska 1982).
Bignell v. Wise Mech. Contractors, 651 P.2d 1163 (Alaska 1982). “ee, who, as a result of injury, is or may be expected to be totally or partially incapacitated for his normal occupation and who, under the direction of the department, is being rehabilitated to engage in a remunerative occupation and who is not entitled to further temporary…”
Ketchikan Gateway Borough v. Saling, 604 P.2d 590 (Alaska 1979). “Any liability imposed by the second injury fund contribution required by AS 23.30.040 17 probably would be minimal compared to liability apportioned on the basis of causation.”
Croft v. Pan Alaska Trucking, Inc., 820 P.2d 1064 (Alaska 1991). “Alaska also has a second injury fund, AS 23.30.040, but no similar provision for reimbursement of payments made during a successful appeal.”
Premera Blue Cross v. State, Dep't of Com., Cmty. & Econ. Dev., Div. of Ins., 171 P.3d 1110 (Alaska 2007). “070 (assessments imposed on insurers by the Alaska Life and Health Insurance Guaranty Association); AS 23.30.040 (Second Injury Fund assessment).”
Thomas v. Rosen, 569 P.2d 793 (Alaska 1977). “(4) second injury fund (AS 23.30.040); (5) the vocational rehabilitation small business enterprises revolving fund (AS 23.”
Burke v. Raven Elec., Inc., 420 P.3d 1196 (Alaska 2018). “2 Raven Electric was a subcontractor on the job; Criterion General, Inc. was the project's general contractor, and Alaska USA Federal Credit Union was the building owner and thus potentially a "project owner" under AS 23.”
Houston Contracting, Inc. v. Phillips, 812 P.2d 598 (Alaska 1991). “It is undisputed that the Board had authority to direct rehabilitation pursuant to former AS 23.30.040(e). 8 However, the Board’s actions were proper only if Phillips did fail to cooperate and the Board had authority to penalize him for noncooperation.”
Williams v. Mammoth of Alaska, Inc., 890 P.2d 581 (Alaska 1995). “’s payment of $10,000 into the Second Injury Fund pursuant to AS 23.30.040(c) operated as an assignment to A.”
Croxton v. Crowley Mar. Corp., 758 P.2d 97 (Alaska 1988). “AS 23.30.040(c). Pursuant to AS 23.30.015(c), payment of the $10,000 into the second-injury fund “operate[d] as an assignment to the employer” of any wrongful death action her estate may have had against third parties.”
Hickel v. Cowper, 874 P.2d 922 (Alaska 1994). “110); (L) second injury fund (AS 23.30.040); (M) fishermen's fund (AS 23.”
George Easley Co. v. Est. of Lindekugel, 117 P.3d 734 (Alaska 2005). “AS 23.30.040. The purpose of the second injury fund is to ensure that employers who hire workers with compensable disabilities will not be financially liable for certain preexisting conditions caused by injuries for which the employee received compensation from another employer.”
Second Injury Fund v. Arctic Bowl, 928 P.2d 590 (Alaska 1996). “Though SIF is bound to make payments in accordance with Board awards, AS 23.30.040(a), 15 this is no more than is required of any party properly before the Board, and has no bearing on the right to appeal.”
— Alaska Stat. § 23.30.040(a) — 1 case
Second Injury Fund v. Arctic Bowl, 928 P.2d 590 (Alaska 1996). “Though SIF is bound to make payments in accordance with Board awards, AS 23.30.040(a), 15 this is no more than is required of any party properly before the Board, and has no bearing on the right to appeal.”
— Alaska Stat. § 23.30.040(b) — 1 case
Ketchikan Gateway Borough v. Saling, 604 P.2d 590 (Alaska 1979). “Any liability imposed by the second injury fund contribution required by AS 23.30.040 17 probably would be minimal compared to liability apportioned on the basis of causation.”
— Alaska Stat. § 23.30.040(c) — 3 cases
Burke v. Raven Elec., Inc., 420 P.3d 1196 (Alaska 2018). “2 Raven Electric was a subcontractor on the job; Criterion General, Inc. was the project's general contractor, and Alaska USA Federal Credit Union was the building owner and thus potentially a "project owner" under AS 23.”
Croxton v. Crowley Mar. Corp., 758 P.2d 97 (Alaska 1988). “AS 23.30.040(c). Pursuant to AS 23.30.015(c), payment of the $10,000 into the second-injury fund “operate[d] as an assignment to the employer” of any wrongful death action her estate may have had against third parties.”
Williams v. Mammoth of Alaska, Inc., 890 P.2d 581 (Alaska 1995). “’s payment of $10,000 into the Second Injury Fund pursuant to AS 23.30.040(c) operated as an assignment to A.”
— Alaska Stat. § 23.30.040(e) — 4 cases
Bignell v. Wise Mech. Contractors, 651 P.2d 1163 (Alaska 1982). “ee, who, as a result of injury, is or may be expected to be totally or partially incapacitated for his normal occupation and who, under the direction of the department, is being rehabilitated to engage in a remunerative occupation and who is not entitled to further temporary…”
Houston Contracting, Inc. v. Phillips, 812 P.2d 598 (Alaska 1991). “It is undisputed that the Board had authority to direct rehabilitation pursuant to former AS 23.30.040(e). 8 However, the Board’s actions were proper only if Phillips did fail to cooperate and the Board had authority to penalize him for noncooperation.”
Williams v. Mammoth of Alaska, Inc., 890 P.2d 581 (Alaska 1995). “’s payment of $10,000 into the Second Injury Fund pursuant to AS 23.30.040(c) operated as an assignment to A.”
Alaska Pac. Assurance Co. v. Julian, 513 P.2d 1097 (Alaska 1973).
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