Alaska Statutes
Alaska Stat. § 23.30.110 (2026)
Procedure on claims
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 23.30.110. Procedure on claims.
(a) Subject to the provisions of AS 23.30.105, a claim for compensation may be filed with the board in accordance with its regulations at any time after the first seven days of disability following an injury, or at any time after death, and the board may hear and determine all questions in respect to the claim.
(b) Within 10 days after a claim is filed the board, in accordance with its regulations, shall notify the employer and any other person, other than the claimant, whom the board considers an interested party that a claim has been filed. The notice may be served personally upon the employer or other person, or sent by registered mail.
(c) Before a hearing is scheduled, the party seeking a hearing shall file a request for a hearing together with an affidavit stating that the party has completed necessary discovery, obtained necessary evidence, and is prepared for the hearing. An opposing party shall have 10 days after the hearing request is filed to file a response. If a party opposes the hearing request, the board or a board designee shall within 30 days of the filing of the opposition conduct a pre-hearing conference and set a hearing date. If opposition is not filed, a hearing shall be scheduled no later than 60 days after the receipt of the hearing request. The board shall give each party at least 10 days' notice of the hearing, either personally or by certified mail. After a hearing has been scheduled, the parties may not stipulate to change the hearing date or to cancel, postpone, or continue the hearing, except for good cause as determined by the board. After completion of the hearing the board shall close the hearing record. If a settlement agreement is reached by the parties less than 14 days before the hearing, the parties shall appear at the time of the scheduled hearing to state the terms of the settlement agreement. Within 30 days after the hearing record closes, the board shall file its decision. If the employer controverts a claim on a board-prescribed controversion notice and the employee does not request a hearing within two years following the filing of the controversion notice, the claim is denied.
(d) At the hearing the claimant and the employer may each present evidence in respect to the claim and may be represented by any person authorized in writing for that purpose.
(e) The order rejecting the claim or making the award, referred to in this chapter as a compensation order, shall be filed in the office of the board, and a copy of it shall be sent by registered mail to the claimant and to the employer at the last known address of each.
(f) An award of compensation for disability may be made after the death of an injured employee.
(g) An injured employee claiming or entitled to compensation shall submit to the physical examination by a duly qualified physician which the board may require. The place or places shall be reasonably convenient for the employee. The physician or physicians as the employee, employer, or carrier may select and pay for may participate in an examination if the employee, employer, or carrier so requests. Proceedings shall be suspended and no compensation may be payable for a period during which the employee refuses to submit to examination.
(h) The filing of a hearing request under (c) of this section suspends the running of the two-year time period specified in (c) of this section. However, if the employee subsequently requests a continuance of the hearing and the request is approved by the board, the granting of the continuance renders the request for hearing inoperative, and the two-year time period specified in (c) of this section continues to run again from the date of the board's notice to the employee of the board's granting of the continuance and of its effect. If the employee fails to again request a hearing before the conclusion of the two-year time period in (c) of this section, the claim is denied.
(a) Subject to the provisions of AS 23.30.105, a claim for compensation may be filed with the board in accordance with its regulations at any time after the first seven days of disability following an injury, or at any time after death, and the board may hear and determine all questions in respect to the claim.
(b) Within 10 days after a claim is filed the board, in accordance with its regulations, shall notify the employer and any other person, other than the claimant, whom the board considers an interested party that a claim has been filed. The notice may be served personally upon the employer or other person, or sent by registered mail.
(c) Before a hearing is scheduled, the party seeking a hearing shall file a request for a hearing together with an affidavit stating that the party has completed necessary discovery, obtained necessary evidence, and is prepared for the hearing. An opposing party shall have 10 days after the hearing request is filed to file a response. If a party opposes the hearing request, the board or a board designee shall within 30 days of the filing of the opposition conduct a pre-hearing conference and set a hearing date. If opposition is not filed, a hearing shall be scheduled no later than 60 days after the receipt of the hearing request. The board shall give each party at least 10 days' notice of the hearing, either personally or by certified mail. After a hearing has been scheduled, the parties may not stipulate to change the hearing date or to cancel, postpone, or continue the hearing, except for good cause as determined by the board. After completion of the hearing the board shall close the hearing record. If a settlement agreement is reached by the parties less than 14 days before the hearing, the parties shall appear at the time of the scheduled hearing to state the terms of the settlement agreement. Within 30 days after the hearing record closes, the board shall file its decision. If the employer controverts a claim on a board-prescribed controversion notice and the employee does not request a hearing within two years following the filing of the controversion notice, the claim is denied.
(d) At the hearing the claimant and the employer may each present evidence in respect to the claim and may be represented by any person authorized in writing for that purpose.
(e) The order rejecting the claim or making the award, referred to in this chapter as a compensation order, shall be filed in the office of the board, and a copy of it shall be sent by registered mail to the claimant and to the employer at the last known address of each.
(f) An award of compensation for disability may be made after the death of an injured employee.
(g) An injured employee claiming or entitled to compensation shall submit to the physical examination by a duly qualified physician which the board may require. The place or places shall be reasonably convenient for the employee. The physician or physicians as the employee, employer, or carrier may select and pay for may participate in an examination if the employee, employer, or carrier so requests. Proceedings shall be suspended and no compensation may be payable for a period during which the employee refuses to submit to examination.
(h) The filing of a hearing request under (c) of this section suspends the running of the two-year time period specified in (c) of this section. However, if the employee subsequently requests a continuance of the hearing and the request is approved by the board, the granting of the continuance renders the request for hearing inoperative, and the two-year time period specified in (c) of this section continues to run again from the date of the board's notice to the employee of the board's granting of the continuance and of its effect. If the employee fails to again request a hearing before the conclusion of the two-year time period in (c) of this section, the claim is denied.
Notes of Decisions
Cited in 56
cases (5 in the last 5 years), 1966–2025 · leading case: Pan Alaska Trucking, Inc. v. Crouch, 773 P.2d 947 (Alaska 1989).
Pan Alaska Trucking, Inc. v. Crouch, 773 P.2d 947 (Alaska 1989). “DISCUSSION The Board Erred in Failing to Apply AS 23.30.110(c) to Crouch's Claim Pan Alaska contends that the Board should have denied Crouch's claim pursuant to AS 23.”
Jonathan v. Doyon Drilling, Inc., 890 P.2d 1121 (Alaska 1995). “DISCUSSION On appeal, Jonathan argues that both his requests for a hearing were within the two-year limit imposed by AS 23.30.110 because the time period did not begin until he filed a written application for benefits with the Board, which was subsequently controverted by Doyon.”
Bailey v. Texas Instruments, Inc., 111 P.3d 321 (Alaska 2005). “The board treated Bailey’s 1999 and 2001 claims as merging with his 1997 claim and determined that all three claims were time-barred under AS 23.30.110(c) because Bailey failed to request a hearing within two years of Geophysical’s 1997 notice of controversion.”
Tobar v. Remington Holdings LP, 447 P.3d 747 (Alaska 2019). “The Act authorizes the Board to order an SIME under both that statute and another, AS 23.30.110(g). 23 Alaska Statute 23.30.”
Kim v. Alyeska Seafoods, Inc., 197 P.3d 193 (Alaska 2008). “The relevant part of AS 23.30.110, "Procedure on claims," is as follows: (c) Before a hearing is scheduled, the party seeking a hearing shall file a request for a hearing together with an affidavit stating that the party has completed necessary discovery, obtained necessary…”
Underwater Constr., Inc. v. Shirley, 884 P.2d 156 (Alaska 1994). “review a compensation case under the procedure prescribed in respect of claims in AS 23.30.110." AS 23.30.130(a). The applicable regulation further clarifies the requirements which must be met before an award can be modified on the basis of a change in conditions: "A petition…”
Summers v. Korobkin Constr., 814 P.2d 1369 (Alaska 1991). “On appeal, the superior court found that the single issue was “whether the Workers’ Compensation Board could properly refuse to decide this case under [AS 23.30.110].” *1371 The superior court analogized to the need for a case or controversy to pursue a court action, and…”
Aleutian Homes v. Fischer, 418 P.2d 769 (Alaska 1966). “Under AS 23.30.110(e) of our act, a compensation order, either rejecting a claim or making an award, is required to be filed in the office of the Board and a copy of such order must be sent by registered mail to the last known addresses of both claimant and employer.”
Tipton v. ARCO Alaska, Inc., 922 P.2d 910 (Alaska 1996). “The Board held that AS 23.30.110(c) barred Tipton’s claim because he failed to request a hearing within two years after an earlier hearing had been cancelled.”
Alaska Pac. Assurance Co. v. Brown, 687 P.2d 264 (Alaska 1984). “In accordance with AS 23.30.110 the board may issue a new compensation order which terminates, continues, reinstates, increases, or decreases the compensation, or award compensation.”
Bohlmann v. Alaska Constr. & Eng'g, Inc., 205 P.3d 316 (Alaska 2009). “AC & E objected, contending that Bohlmann had previously filed compensation rate adjustment claims that were barred by AS 23.30.110(c). The record does not indicate that the board designee who conducted the July 20 prehearing conference informed Bohlmann either that the time bar…”
Dresser Indust., inc./atlas Div. v. Hiestand, 702 P.2d 244 (Alaska 1985). “Dresser contends that the Workers’ Compensation Board (Board) based its award on a modification of a factual finding made in a prior proceeding without notice to Dresser of its intent to modify that finding, as required by AS 23.30.110. Dresser further contends that the…”
— Alaska Stat. § 23.30.110(a) — 8 cases
Veco Alaska, Inc. v. State, Dep't of Labor, Div. of Workers' Comp., Second Injury Fund, 189 P.3d 983 (Alaska 2008).
Summers v. Korobkin Constr., 814 P.2d 1369 (Alaska 1991). “On appeal, the superior court found that the single issue was “whether the Workers’ Compensation Board could properly refuse to decide this case under [AS 23.30.110].” *1371 The superior court analogized to the need for a case or controversy to pursue a court action, and…”
Bolieu v. Our Lady of Compassion Care Ctr., 983 P.2d 1270 (Alaska 1999).
Summerville v. Denali Ctr., 811 P.2d 1047 (Alaska 1991).
Wilson v. Erickson, 477 P.2d 998 (Alaska 1970).
— Alaska Stat. § 23.30.110(b) — 1 case
Kim v. Alyeska Seafoods, Inc., 197 P.3d 193 (Alaska 2008). “The relevant part of AS 23.30.110, "Procedure on claims," is as follows: (c) Before a hearing is scheduled, the party seeking a hearing shall file a request for a hearing together with an affidavit stating that the party has completed necessary discovery, obtained necessary…”
— Alaska Stat. § 23.30.110(c) — 29 cases
Pan Alaska Trucking, Inc. v. Crouch, 773 P.2d 947 (Alaska 1989). “DISCUSSION The Board Erred in Failing to Apply AS 23.30.110(c) to Crouch's Claim Pan Alaska contends that the Board should have denied Crouch's claim pursuant to AS 23.”
Bailey v. Texas Instruments, Inc., 111 P.3d 321 (Alaska 2005). “The board treated Bailey’s 1999 and 2001 claims as merging with his 1997 claim and determined that all three claims were time-barred under AS 23.30.110(c) because Bailey failed to request a hearing within two years of Geophysical’s 1997 notice of controversion.”
Jonathan v. Doyon Drilling, Inc., 890 P.2d 1121 (Alaska 1995). “DISCUSSION On appeal, Jonathan argues that both his requests for a hearing were within the two-year limit imposed by AS 23.30.110 because the time period did not begin until he filed a written application for benefits with the Board, which was subsequently controverted by Doyon.”
Kim v. Alyeska Seafoods, Inc., 197 P.3d 193 (Alaska 2008). “The relevant part of AS 23.30.110, "Procedure on claims," is as follows: (c) Before a hearing is scheduled, the party seeking a hearing shall file a request for a hearing together with an affidavit stating that the party has completed necessary discovery, obtained necessary…”
Tipton v. ARCO Alaska, Inc., 922 P.2d 910 (Alaska 1996). “The Board held that AS 23.30.110(c) barred Tipton’s claim because he failed to request a hearing within two years after an earlier hearing had been cancelled.”
— Alaska Stat. § 23.30.110(d) — 1 case
Irvine v. Glacier Gen. Constr., 984 P.2d 1103 (Alaska 1999).
— Alaska Stat. § 23.30.110(e) — 5 cases
Aleutian Homes v. Fischer, 418 P.2d 769 (Alaska 1966). “Under AS 23.30.110(e) of our act, a compensation order, either rejecting a claim or making an award, is required to be filed in the office of the Board and a copy of such order must be sent by registered mail to the last known addresses of both claimant and employer.”
Monzulla v. Voorhees Concrete Cutting, 254 P.3d 341 (Alaska 2011).
Underwater Constr., Inc. v. Shirley, 884 P.2d 156 (Alaska 1994). “review a compensation case under the procedure prescribed in respect of claims in AS 23.30.110." AS 23.30.130(a). The applicable regulation further clarifies the requirements which must be met before an award can be modified on the basis of a change in conditions: "A petition…”
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).
Mun. of Anchorage v. Adamson, 301 P.3d 569 (Alaska 2013).
— Alaska Stat. § 23.30.110(g) — 3 cases
Tobar v. Remington Holdings LP, 447 P.3d 747 (Alaska 2019). “The Act authorizes the Board to order an SIME under both that statute and another, AS 23.30.110(g). 23 Alaska Statute 23.30.”
Schmidt v. Beeson Plumbing & Heating, Inc., 869 P.2d 1170 (Alaska 1994).
Silvia V. Tobar v. Remington Holdings LP & Liberty Ins. Co., 447 P.3d 747 (Alaska 2019).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.