Alaska Statutes
Alaska Stat. § 23.30.105 (2026)
Time for filing of claims
✓ current as of July 2026
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Sec. 23.30.105. Time for filing of claims.
(a) The right to compensation for disability under this chapter is barred unless a claim for it is filed within two years after the employee has knowledge of the nature of the employee's disability and its relation to the employment and after disablement. However, the maximum time for filing the claim in any event other than arising out of an occupational disease shall be four years from the date of injury, and the right to compensation for death is barred unless a claim therefor is filed within one year after the death, except that, if payment of compensation has been made without an award on account of the injury or death, a claim may be filed within two years after the date of the last payment of benefits under AS 23.30.041, 23.30.043, 23.30.180, 23.30.185, 23.30.190, 23.30.200, or 23.30.215. It is additionally provided that, in the case of latent defects pertinent to and causing compensable disability, the injured employee has full right to claim as shall be determined by the board, time limitations notwithstanding.
(b) Failure to file a claim within the period prescribed in (a) of this section is not a bar to compensation unless objection to the failure is made at the first hearing of the claim in which all parties in interest are given reasonable notice and opportunity to be heard.
(c) If a person who is entitled to compensation under this chapter is mentally incompetent or a minor, the provisions of (a) of this section are not applicable so long as the person has no guardian or other authorized representative, but are applicable in the case of a person who is mentally incompetent or a minor from the date of appointment of a guardian or other representative, or, in the case of a minor, if no guardian is appointed before the person becomes of age, from the date the person becomes of age.
(d) If recovery is denied to a person, in a suit brought at law or in admiralty to recover damages in respect to injury or death, on the ground that the person was an employee and that the defendant is an employer within the meaning of this chapter and that the employer has secured compensation to the employee under this chapter, the limitation of time prescribed in (a) of this section begins to run only from the date of termination of the suit.
(a) The right to compensation for disability under this chapter is barred unless a claim for it is filed within two years after the employee has knowledge of the nature of the employee's disability and its relation to the employment and after disablement. However, the maximum time for filing the claim in any event other than arising out of an occupational disease shall be four years from the date of injury, and the right to compensation for death is barred unless a claim therefor is filed within one year after the death, except that, if payment of compensation has been made without an award on account of the injury or death, a claim may be filed within two years after the date of the last payment of benefits under AS 23.30.041, 23.30.043, 23.30.180, 23.30.185, 23.30.190, 23.30.200, or 23.30.215. It is additionally provided that, in the case of latent defects pertinent to and causing compensable disability, the injured employee has full right to claim as shall be determined by the board, time limitations notwithstanding.
(b) Failure to file a claim within the period prescribed in (a) of this section is not a bar to compensation unless objection to the failure is made at the first hearing of the claim in which all parties in interest are given reasonable notice and opportunity to be heard.
(c) If a person who is entitled to compensation under this chapter is mentally incompetent or a minor, the provisions of (a) of this section are not applicable so long as the person has no guardian or other authorized representative, but are applicable in the case of a person who is mentally incompetent or a minor from the date of appointment of a guardian or other representative, or, in the case of a minor, if no guardian is appointed before the person becomes of age, from the date the person becomes of age.
(d) If recovery is denied to a person, in a suit brought at law or in admiralty to recover damages in respect to injury or death, on the ground that the person was an employee and that the defendant is an employer within the meaning of this chapter and that the employer has secured compensation to the employee under this chapter, the limitation of time prescribed in (a) of this section begins to run only from the date of termination of the suit.
Notes of Decisions
Cited in 32
cases (2 in the last 5 years), 1966–2023 · leading case: Shawn Murphy v. Fairbanks North Star Borough, 494 P.3d 556 (Alaska 2021).
Shawn Murphy v. Fairbanks North Star Borough, 494 P.3d 556 (Alaska 2021). “57 The legislature sought to “codif[y] the [B]oard’s interpretation of the meaning of compensation for statute of limitation purposes under AS 23.30.105.”58 According to the House Judiciary Committee’s Sectional Analysis, the Board had “consistently concluded that when…”
Morrison-Knudsen Co. v. Vereen, 414 P.2d 536 (Alaska 1966). “” 3 In the proceedings held before the Board, Morrison-Knudsen filed a motion to dismiss on the grounds of claimant’s noncompliance with the provisions of AS 23.30.105 (a) 4 When claimant’s application for compensation came before the Board for hearing on May 16, 1963, the Board…”
Jonathan v. Doyon Drilling, Inc., 890 P.2d 1121 (Alaska 1995). “For example, AS 23.30.105, “Time for filing claims,” provides: The right to compensation for disability under this chapter is barred unless a claim, for it is filed within two years after the employee has knowledge of the nature of the employee’s disability and its relation to…”
Suh v. Pingo Corp., 736 P.2d 342 (Alaska 1987). “AS 23.30.105(a); 23.30.110. Alternatively, if the employer controverts the worker's claim for compensation, the worker must file a claim (AS 23.”
W. R. Grasle Co. v. Alaska Workmen's Comp. Bd., 517 P.2d 999 (Alaska 1974). “We must decide how the confusing limitation of actions section, AS 23.30.105, applies to Raith’s claim, and whether the Board made a supportable finding that the claim was timely filed under the “latent defects” provision of the statute.”
Irby v. Fairbanks Gold Mining, Inc., 203 P.3d 1138 (Alaska 2009). “It held that the one-year statute of limitations, AS 23.30.105(a), began running on April 18, 2002, when Irby was presumed dead per AS 13.”
Robertson v. Am. Mech., Inc., 54 P.3d 777 (Alaska 2002). “100(a) and AS 23.30.105(a), and by the equitable principles of laches, equitable estoppel and quasi-estoppel.”
Summers v. Korobkin Constr., 814 P.2d 1369 (Alaska 1991). “AS 23.30.105. The procedure on claims is established by AS 23.”
Hoth v. Valley Constr., 671 P.2d 871 (Alaska 1983). “100, not AS 23.30.105. In this case the Board specifically concluded that Hoth’s failure to seek immediate medical aid was not grounds for striking his claim under § 100.”
Collins v. Arctic Builders, Inc., 31 P.3d 1286 (Alaska 2001). “100(a) and that Collins was barred by AS 23.30.105(a)'s two-year statute of limitations.”
Burke v. Raven Elec., Inc., 420 P.3d 1196 (Alaska 2018). “It also raised two affirmative defenses: Burke's claim was untimely under AS 23.30.105(a), and she was not a beneficiary because she was not dependent on Caudle at the time of Caudle's death as required by the Act.”
Aleck v. Delvo Plastics, Inc., 972 P.2d 988 (Alaska 1999). “Delvo petitioned to dismiss her claim, arguing that it was barred by the statute of limitations in AS 23.30.105(a). After a hearing on the petition to dismiss, the Alaska Workers’ Compensation Board, with one member dissenting, ruled that Aleck’s claim was time barred.”
— Alaska Stat. § 23.30.105(a) — 26 cases
Shawn Murphy v. Fairbanks North Star Borough, 494 P.3d 556 (Alaska 2021). “57 The legislature sought to “codif[y] the [B]oard’s interpretation of the meaning of compensation for statute of limitation purposes under AS 23.30.105.”58 According to the House Judiciary Committee’s Sectional Analysis, the Board had “consistently concluded that when…”
Suh v. Pingo Corp., 736 P.2d 342 (Alaska 1987). “AS 23.30.105(a); 23.30.110. Alternatively, if the employer controverts the worker's claim for compensation, the worker must file a claim (AS 23.”
Morrison-Knudsen Co. v. Vereen, 414 P.2d 536 (Alaska 1966). “” 3 In the proceedings held before the Board, Morrison-Knudsen filed a motion to dismiss on the grounds of claimant’s noncompliance with the provisions of AS 23.30.105 (a) 4 When claimant’s application for compensation came before the Board for hearing on May 16, 1963, the Board…”
Jonathan v. Doyon Drilling, Inc., 890 P.2d 1121 (Alaska 1995). “For example, AS 23.30.105, “Time for filing claims,” provides: The right to compensation for disability under this chapter is barred unless a claim, for it is filed within two years after the employee has knowledge of the nature of the employee’s disability and its relation to…”
W. R. Grasle Co. v. Alaska Workmen's Comp. Bd., 517 P.2d 999 (Alaska 1974). “We must decide how the confusing limitation of actions section, AS 23.30.105, applies to Raith’s claim, and whether the Board made a supportable finding that the claim was timely filed under the “latent defects” provision of the statute.”
— Alaska Stat. § 23.30.105(b) — 1 case
Morrison-Knudsen Co. v. Vereen, 414 P.2d 536 (Alaska 1966). “” 3 In the proceedings held before the Board, Morrison-Knudsen filed a motion to dismiss on the grounds of claimant’s noncompliance with the provisions of AS 23.30.105 (a) 4 When claimant’s application for compensation came before the Board for hearing on May 16, 1963, the Board…”
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