Alaska Statutes
Alaska Stat. § 23.30.125 (2026)
Administrative review of compensation order
✓ current as of July 2026
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Sec. 23.30.125. Administrative review of compensation order.
(a) A compensation order becomes effective when filed with the office of the board as provided in AS 23.30.110, and, unless proceedings to reconsider, suspend, or set aside the order are instituted as provided in this chapter, the order becomes final on the 31st day after it is filed.
(b) Notwithstanding other provisions of law, a decision or order of the board is subject to review by the commission as provided in this chapter.
(c) If a compensation order is not in accordance with law or fact, the order may be suspended or set aside, in whole or in part, through proceedings in the commission brought by a party in interest against all other parties to the proceedings before the board. The payment of the amounts required by an award may not be stayed pending a final decision in the proceeding unless, upon application for a stay, the commission, on hearing, after not less than three days' notice to the parties in interest, allows the stay of payment, in whole or in part, where the party filing the application would otherwise suffer irreparable damage. Continuing future periodic compensation payments may not be stayed without a showing by the appellant of irreparable damage and the existence of the probability of the merits of the appeal being decided adversely to the recipient of the compensation payments. The order of the commission allowing a stay must contain a specific finding, based upon evidence submitted to the commission and identified by reference to the evidence, that irreparable damage would result to the party applying for a stay and specifying the nature of the damage.
(d) Proceedings for reconsidering, suspending, setting aside, or enforcing a compensation order, whether rejecting a claim or making an award, may not be instituted, except as provided in this chapter.
(a) A compensation order becomes effective when filed with the office of the board as provided in AS 23.30.110, and, unless proceedings to reconsider, suspend, or set aside the order are instituted as provided in this chapter, the order becomes final on the 31st day after it is filed.
(b) Notwithstanding other provisions of law, a decision or order of the board is subject to review by the commission as provided in this chapter.
(c) If a compensation order is not in accordance with law or fact, the order may be suspended or set aside, in whole or in part, through proceedings in the commission brought by a party in interest against all other parties to the proceedings before the board. The payment of the amounts required by an award may not be stayed pending a final decision in the proceeding unless, upon application for a stay, the commission, on hearing, after not less than three days' notice to the parties in interest, allows the stay of payment, in whole or in part, where the party filing the application would otherwise suffer irreparable damage. Continuing future periodic compensation payments may not be stayed without a showing by the appellant of irreparable damage and the existence of the probability of the merits of the appeal being decided adversely to the recipient of the compensation payments. The order of the commission allowing a stay must contain a specific finding, based upon evidence submitted to the commission and identified by reference to the evidence, that irreparable damage would result to the party applying for a stay and specifying the nature of the damage.
(d) Proceedings for reconsidering, suspending, setting aside, or enforcing a compensation order, whether rejecting a claim or making an award, may not be instituted, except as provided in this chapter.
Notes of Decisions
Cited in 26
cases (1 in the last 5 years), 1965–2021 · leading case: Mun. of Anchorage v. Adamson, 301 P.3d 569 (Alaska 2013).
Mun. of Anchorage v. Adamson, 301 P.3d 569 (Alaska 2013). “Before the legislature amended AS 23.30.125, we had not been presented with the question of which standard applied to stays of awards of future medical benefits.”
Alaska Pub. Interest Rsch. Grp. v. State, 167 P.3d 27 (Alaska 2007). “009, which create the Workers' Compensation Appeals Commission; chapter 10, § 40, FSSLA 2005 became the revised AS 23.30.125, which provides for appeals from Board decisions to the Appeals Commission; chapter 10, § 41, FSSLA 2005 became AS 23.”
Aleutian Homes v. Fischer, 418 P.2d 769 (Alaska 1966). “Appellant’s position is that AS 23.30.125 (a) of our act establishes that a compensation order becomes effective thirty days after it is filed in the office of the Board unless proceedings to suspend it or set it aside are instituted in the superior court in conformity with…”
Johns v. State, Dep't of Highways, 431 P.2d 148 (Alaska 1967). “The section further contemplates a hearing and the making of findings, all of which indicates to us that the legislature intended that the superior court was to be governed by AS 23.30.125 (c)’s provisions. 15 . Harris v.”
Monzulla v. Voorhees Concrete Cutting, 254 P.3d 341 (Alaska 2011). “Voorhees asks us to interpret the statute, particularly AS 23.30.125(b) 11 and AS 28.30.128(b), 12 as giving the Commission authority to hear mo *345 tions for extraordinary review.”
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). “pdf (construing AS 23.30.125(c) as encompassing both parts of Olsen Logging test for stays of past benefits).”
Wise Mech. Contractors v. Bignell, 626 P.2d 1085 (Alaska 1981). “2d 148 (Alaska 1967), we held *1087 that under AS 23.30.125(c) injunctive proceedings had to be commenced by the employer or its insurance carrier before a stay of the WCB order could be obtained.”
Croft v. Pan Alaska Trucking, Inc., 820 P.2d 1064 (Alaska 1991). “") (citing AS 23.30.125(c); Alaska Const. art. IV., § 15; Alaska Appellate Rule 603).”
State, Dep't of Highways v. Burgess Constr. Co., 575 P.2d 792 (Alaska 1978). “On March 20, 1975, Burgess filed a complaint for injunction in the superior court pursuant to AS 23.30.125(c), naming the Board and Benson as defendants, but not the State of Alaska or its insurer.”
Interior Paint Co. v. Rodgers, 522 P.2d 164 (Alaska 1974). “The pertinent part of AS 23.30.125 is as follows: (a) A compensation order becomes effective when filed in the office of the board as provided in § 110 of this chapter and, unless proceedings to suspend it or set it aside are instituted as provided in (c) of this section, it…”
Olsen Logging Co. v. Lawson, 832 P.2d 174 (Alaska 1992). “Johns , for example, involved the proper interpretation of AS 23.30.125(c) which in 1967 and presently uses language of injunction for stays on appeal.”
Hewing v. Alaska Workmen's Comp. Bd., 512 P.2d 896 (Alaska 1973). “Pursuant to AS 23.30.125(c), 1 Hewing sought an injunction against the Board’s award, arguing that the award was not supported by substantial evidence nor based upon the proper criteria for determining the degree of disability.”
— Alaska Stat. § 23.30.125(a) — 6 cases
Alaska Pub. Interest Rsch. Grp. v. State, 167 P.3d 27 (Alaska 2007). “009, which create the Workers' Compensation Appeals Commission; chapter 10, § 40, FSSLA 2005 became the revised AS 23.30.125, which provides for appeals from Board decisions to the Appeals Commission; chapter 10, § 41, FSSLA 2005 became AS 23.”
Aleutian Homes v. Fischer, 418 P.2d 769 (Alaska 1966). “Appellant’s position is that AS 23.30.125 (a) of our act establishes that a compensation order becomes effective thirty days after it is filed in the office of the Board unless proceedings to suspend it or set it aside are instituted in the superior court in conformity with…”
Interior Paint Co. v. Rodgers, 522 P.2d 164 (Alaska 1974). “The pertinent part of AS 23.30.125 is as follows: (a) A compensation order becomes effective when filed in the office of the board as provided in § 110 of this chapter and, unless proceedings to suspend it or set it aside are instituted as provided in (c) of this section, it…”
Fischback & Moore of Alaska, Inc. v. Lynn, 407 P.2d 174 (Alaska 1965).
Lindekugel v. Fluor Alaska, Inc., 934 P.2d 1307 (Alaska 1997).
— Alaska Stat. § 23.30.125(b) — 3 cases
Monzulla v. Voorhees Concrete Cutting, 254 P.3d 341 (Alaska 2011). “Voorhees asks us to interpret the statute, particularly AS 23.30.125(b) 11 and AS 28.30.128(b), 12 as giving the Commission authority to hear mo *345 tions for extraordinary review.”
Alaska Pub. Interest Rsch. Grp. v. State, 167 P.3d 27 (Alaska 2007). “009, which create the Workers' Compensation Appeals Commission; chapter 10, § 40, FSSLA 2005 became the revised AS 23.30.125, which provides for appeals from Board decisions to the Appeals Commission; chapter 10, § 41, FSSLA 2005 became AS 23.”
Alaska Redi-Mix, Inc. v. Alaska Workmen's Comp. Bd., 417 P.2d 595 (Alaska 1966).
— Alaska Stat. § 23.30.125(c) — 13 cases
Mun. of Anchorage v. Adamson, 301 P.3d 569 (Alaska 2013). “Before the legislature amended AS 23.30.125, we had not been presented with the question of which standard applied to stays of awards of future medical benefits.”
Aleutian Homes v. Fischer, 418 P.2d 769 (Alaska 1966). “Appellant’s position is that AS 23.30.125 (a) of our act establishes that a compensation order becomes effective thirty days after it is filed in the office of the Board unless proceedings to suspend it or set it aside are instituted in the superior court in conformity with…”
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). “pdf (construing AS 23.30.125(c) as encompassing both parts of Olsen Logging test for stays of past benefits).”
Johns v. State, Dep't of Highways, 431 P.2d 148 (Alaska 1967). “The section further contemplates a hearing and the making of findings, all of which indicates to us that the legislature intended that the superior court was to be governed by AS 23.30.125 (c)’s provisions. 15 . Harris v.”
Wise Mech. Contractors v. Bignell, 626 P.2d 1085 (Alaska 1981). “2d 148 (Alaska 1967), we held *1087 that under AS 23.30.125(c) injunctive proceedings had to be commenced by the employer or its insurance carrier before a stay of the WCB order could be obtained.”
— Alaska Stat. § 23.30.125(d) — 1 case
Johns v. State, Dep't of Highways, 431 P.2d 148 (Alaska 1967). “The section further contemplates a hearing and the making of findings, all of which indicates to us that the legislature intended that the superior court was to be governed by AS 23.30.125 (c)’s provisions. 15 . Harris v.”
— Alaska Stat. § 23.30.125(e) — 3 cases
Mun. of Anchorage v. Adamson, 301 P.3d 569 (Alaska 2013). “Before the legislature amended AS 23.30.125, we had not been presented with the question of which standard applied to stays of awards of future medical benefits.”
Anchorage Roofing Co., Inc. v. Gonzales, 507 P.2d 501 (Alaska 1973).
Johns v. State, Dep't of Highways, 431 P.2d 148 (Alaska 1967). “The section further contemplates a hearing and the making of findings, all of which indicates to us that the legislature intended that the superior court was to be governed by AS 23.30.125 (c)’s provisions. 15 . Harris v.”
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