Alaska Statutes
Alaska Stat. § 23.30.130 (2026)
Modification of awards
✓ current as of July 2026
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Sec. 23.30.130. Modification of awards.
(a) Upon its own initiative, or upon the application of any party in interest on the ground of a change in conditions, including, for the purposes of AS 23.30.175, a change in residence, or because of a mistake in its determination of a fact, the board may, before one year after the date of the last payment of compensation benefits under AS 23.30.180, 23.30.185, 23.30.190, 23.30.200, or 23.30.215, whether or not a compensation order has been issued, or before one year after the rejection of a claim, review a compensation case under the procedure prescribed in respect of claims in AS 23.30.110. Under AS 23.30.110 the board may issue a new compensation order which terminates, continues, reinstates, increases, or decreases the compensation, or award compensation.
(b) A new order does not affect compensation previously paid, except that an award increasing the compensation rate may be made effective from the date of the injury, and if part of the compensation due or to become due is unpaid, an award decreasing the compensation rate may be made effective from the date of the injury, and payment made earlier in excess of the decreased rate shall be deducted from the unpaid compensation, in the manner the board determines.
(a) Upon its own initiative, or upon the application of any party in interest on the ground of a change in conditions, including, for the purposes of AS 23.30.175, a change in residence, or because of a mistake in its determination of a fact, the board may, before one year after the date of the last payment of compensation benefits under AS 23.30.180, 23.30.185, 23.30.190, 23.30.200, or 23.30.215, whether or not a compensation order has been issued, or before one year after the rejection of a claim, review a compensation case under the procedure prescribed in respect of claims in AS 23.30.110. Under AS 23.30.110 the board may issue a new compensation order which terminates, continues, reinstates, increases, or decreases the compensation, or award compensation.
(b) A new order does not affect compensation previously paid, except that an award increasing the compensation rate may be made effective from the date of the injury, and if part of the compensation due or to become due is unpaid, an award decreasing the compensation rate may be made effective from the date of the injury, and payment made earlier in excess of the decreased rate shall be deducted from the unpaid compensation, in the manner the board determines.
Notes of Decisions
Cited in 41
cases, 1965–2019 · leading case: Cornelison v. TIG Ins., 376 P.3d 1255 (Alaska 2016).
Cornelison v. TIG Ins., 376 P.3d 1255 (Alaska 2016). “It granted judgment on the pleadings to Griffin & Smith on the NIED claim for several reasons, concluding first that the Cornelisons had not alleged a physical injury or a special duty that would exempt them from pleading a physical injury.”
George Easley Co. v. Est. of Lindekugel, 117 P.3d 734 (Alaska 2005). “As the board noted, its regulations require "specific facts” to be alleged in petitions brought under AS 23.30.130. See 8 AAC 45.150(e). 51 . See AS 23.”
Alaska Pac. Assurance Co. v. Brown, 687 P.2d 264 (Alaska 1984). “[7] Further, Alaska benefits may be modified under AS 23.30.130 if a sufficient "change in conditions" is demonstrated to warrant either an increase or decrease in the original award.”
Underwater Constr., Inc. v. Shirley, 884 P.2d 156 (Alaska 1994). “AS 23.30.130. If a claim is controverted in whole or in part, the Board may allow attorney's fees "in addition to compensation awarded," but "only on the amount of compensation .”
Hodges v. Alaska Constructors, Inc., 957 P.2d 957 (Alaska 1998). “First, Alaska Constructors argues that Hodges’s application for adjustment was not filed within the one-year time limit prescribed by AS 23.30.130. 3 It complains that the Board only decided to treat Hodges’s application for adjustment as a petition for modification after more…”
Williams v. Safeway Stores, 525 P.2d 1087 (Alaska 1974). “1 The parties here seek to wage *1088 semantic war over the single phrase in AS 23.30.130(a) 2 which provides that the one-year limitation upon reopening of cases before the Alaska Workmen’s Compensation Board commences upon the “last payment of compensation”.”
Interior Paint Co. v. Rodgers, 522 P.2d 164 (Alaska 1974). “In July 1971 Rodgers moved, under AS 23.30.130(a), for reconsideration of this second decision, alleging mistake of fact.”
Blanas v. Brower Co., 938 P.2d 1056 (Alaska 1997). “Upon approval by the Board, settlement agreements have the same legal effect as awards, except that they are more difficult to set aside: If approved by the board, the agreement is enforceable the same as an order or award of the board and discharges the liability of the…”
Lindhag v. State, Dep't of Nat. Resources, 123 P.3d 948 (Alaska 2005). “Pursuant to AS 23.30.130(a) and 8 Alaska Administrative Code 45.”
Griffiths v. Andy's Body & Frame, Inc., 165 P.3d 619 (Alaska 2007). “AS 23.30.130(a) requires that a petition for modification be filed within one year of rejection of a claim or the date of the last payment of compensation.”
Mun. of Anchorage v. Stenseth, 361 P.3d 898 (Alaska 2015). “or the claimant is waiving future medical benefits If approved by the board, the agreement is enforceable the same as an order or award of the board and discharges the liability of the employer for the compensation notwithstanding the provisions of AS 23.30.130, 28.30.160, and…”
Mun. of Anchorage v. Devon, 124 P.3d 424 (Alaska 2005). “250(b), modification under AS 23.30.130 8 of Devon’s eligibility for reemployment benefits, and referral of the ease to the District Attorney’s office.”
— Alaska Stat. § 23.30.130(1) — 1 case
Miller v. ITT Arctic Servs., 577 P.2d 1044 (Alaska 1978).
— Alaska Stat. § 23.30.130(a) — 30 cases
George Easley Co. v. Est. of Lindekugel, 117 P.3d 734 (Alaska 2005). “As the board noted, its regulations require "specific facts” to be alleged in petitions brought under AS 23.30.130. See 8 AAC 45.150(e). 51 . See AS 23.”
Alaska Pac. Assurance Co. v. Brown, 687 P.2d 264 (Alaska 1984). “[7] Further, Alaska benefits may be modified under AS 23.30.130 if a sufficient "change in conditions" is demonstrated to warrant either an increase or decrease in the original award.”
Williams v. Safeway Stores, 525 P.2d 1087 (Alaska 1974). “1 The parties here seek to wage *1088 semantic war over the single phrase in AS 23.30.130(a) 2 which provides that the one-year limitation upon reopening of cases before the Alaska Workmen’s Compensation Board commences upon the “last payment of compensation”.”
Interior Paint Co. v. Rodgers, 522 P.2d 164 (Alaska 1974). “In July 1971 Rodgers moved, under AS 23.30.130(a), for reconsideration of this second decision, alleging mistake of fact.”
Lindhag v. State, Dep't of Nat. Resources, 123 P.3d 948 (Alaska 2005). “Pursuant to AS 23.30.130(a) and 8 Alaska Administrative Code 45.”
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