Alaska Statutes
Alaska Stat. § 23.30.145 (2026)
Attorney fees
✓ current as of July 2026
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Sec. 23.30.145. Attorney fees.
Article 4. Payment of Compensation.
(a) Fees for legal services rendered in respect to a claim are not valid unless approved by the board, and the fees may not be less than 25 percent on the first $1,000 of compensation or part of the first $1,000 of compensation, and 10 percent of all sums in excess of $1,000 of compensation. When the board advises that a claim has been controverted, in whole or in part, the board may direct that the fees for legal services be paid by the employer or carrier in addition to compensation awarded; the fees may be allowed only on the amount of compensation controverted and awarded. When the board advises that a claim has not been controverted, but further advises that bona fide legal services have been rendered in respect to the claim, then the board shall direct the payment of the fees out of the compensation awarded. In determining the amount of fees the board shall take into consideration the nature, length, and complexity of the services performed, transportation charges, and the benefits resulting from the services to the compensation beneficiaries.
(b) If an employer fails to file timely notice of controversy or fails to pay compensation or medical and related benefits within 15 days after it becomes due or otherwise resists the payment of compensation or medical and related benefits and if the claimant has employed an attorney in the successful prosecution of the claim, the board shall make an award to reimburse the claimant for the costs in the proceedings, including reasonable attorney fees. The award is in addition to the compensation or medical and related benefits ordered.
(c) If proceedings are had for review of a compensation or medical and related benefits order before a court, the court may allow or increase an attorney's fees. The fees are in addition to compensation or medical and related benefits ordered and shall be paid as the court may direct.
(a) Fees for legal services rendered in respect to a claim are not valid unless approved by the board, and the fees may not be less than 25 percent on the first $1,000 of compensation or part of the first $1,000 of compensation, and 10 percent of all sums in excess of $1,000 of compensation. When the board advises that a claim has been controverted, in whole or in part, the board may direct that the fees for legal services be paid by the employer or carrier in addition to compensation awarded; the fees may be allowed only on the amount of compensation controverted and awarded. When the board advises that a claim has not been controverted, but further advises that bona fide legal services have been rendered in respect to the claim, then the board shall direct the payment of the fees out of the compensation awarded. In determining the amount of fees the board shall take into consideration the nature, length, and complexity of the services performed, transportation charges, and the benefits resulting from the services to the compensation beneficiaries.
(b) If an employer fails to file timely notice of controversy or fails to pay compensation or medical and related benefits within 15 days after it becomes due or otherwise resists the payment of compensation or medical and related benefits and if the claimant has employed an attorney in the successful prosecution of the claim, the board shall make an award to reimburse the claimant for the costs in the proceedings, including reasonable attorney fees. The award is in addition to the compensation or medical and related benefits ordered.
(c) If proceedings are had for review of a compensation or medical and related benefits order before a court, the court may allow or increase an attorney's fees. The fees are in addition to compensation or medical and related benefits ordered and shall be paid as the court may direct.
Notes of Decisions
Cited in 66
cases (5 in the last 5 years), 1965–2025 · leading case: Wien Air Alaska v. Arant, 592 P.2d 352 (Alaska 1979).
Wien Air Alaska v. Arant, 592 P.2d 352 (Alaska 1979). “AS 23.30.145 provides for award of attorney’s fees in workers’ compensation cases.”
Wise Mech. Contractors v. Bignell, 718 P.2d 971 (Alaska 1986). “We noted that under AS 23.30.145 "high awards for successful claims may be necessary for an adequate overall rate of compensation, when counsel's work on unsuccessful claims is considered.”
Sandra J. Rusch v. Se. Alaska Reg'l Health Consortium & Alaska Nat'l Ins. Co., Brenda Dockter v. SEARHC & Alaska Nat'l Ins. Co., 453 P.3d 784 (Alaska 2019). “26 We have consistently construed AS 23.30.145 “in its entirety as reflecting the legislature’s intent that attorneys in compensation proceedings should be reasonably compensated for services rendered to a compensation claimant.”
Adamson v. Univ. of Alaska, 819 P.2d 886 (Alaska 1991). “Finding for the University, it denied an award of attorney's fees for Adamson under AS 23.30.145. Adamson appealed to the superior court, which affirmed the Board's decision.”
Circle De Lumber Co. v. Humphrey, 130 P.3d 941 (Alaska 2006). “Attorney’s fees for a workers’ compensation claimant are governed by AS 23.30.145. Subsection (a) of this statute 74 establishes a statutory minimum for attorney’s fees: fees may not be less than twenty-five percent on the first $1,000 of compensation or part of the first $1,000…”
Haile v. Pan Am. World Airways, Inc., 505 P.2d 838 (Alaska 1973). “The principal section in question is AS 23.30.145. [1] *840 Subsection (a) thereof provides for the award of a minimum attorney's fee and specifies: .”
Humphrey v. Lowe's Home Improvement Warehouse, Inc., 337 P.3d 1174 (Alaska 2014). “145(b) (for cases in which the employer resists or otherwise delays payment) rather *1178 than AS 23.30.145(a) (for cases in which the employer controverts benefits, as Lowe's did here); 4 and (2) the Board's "terse explanation for reducing the award" prevented the Commission…”
Olson v. AIC/Martin J.V., 818 P.2d 669 (Alaska 1991). “AS 23.30.145 reads in relevant part, (b) If an employer fails to file timely notice of controversy or fails to pay compensation or medical and related benefits within 15 days after it becomes due or otherwise resists the payment of compensation or medical and related benefits…”
Shawn Murphy v. Fairbanks North Star Borough, 494 P.3d 556 (Alaska 2021). “-28- 7555 An award of costs and fees in Board proceedings is governed by AS 23.30.145. When seeking fees and costs from the Board, Murphy did not specify whether he sought attorney’s fees under AS 23.”
LEWIS-WALUNGA v. Mun. of Anchorage, 249 P.3d 1063 (Alaska 2011). “AS 23.30.145 sets out two alternatives for awarding attorney's fees for work before the Board.”
Williams v. Abood, 53 P.3d 134 (Alaska 2002). “We have held that awards of attorney's fees under AS 23.30.145 "should be fully compensatory and reasonable, in order that injured workers have competent counsel available to them.”
Underwater Constr., Inc. v. Shirley, 884 P.2d 156 (Alaska 1994). “Shirley cross-appeals, claiming that the Board erred in denying his claim "for an award of permanent total disability benefits.”
— Alaska Stat. § 23.30.145(a) — 33 cases
Wien Air Alaska v. Arant, 592 P.2d 352 (Alaska 1979). “AS 23.30.145 provides for award of attorney’s fees in workers’ compensation cases.”
Sandra J. Rusch v. Se. Alaska Reg'l Health Consortium & Alaska Nat'l Ins. Co., Brenda Dockter v. SEARHC & Alaska Nat'l Ins. Co., 453 P.3d 784 (Alaska 2019). “26 We have consistently construed AS 23.30.145 “in its entirety as reflecting the legislature’s intent that attorneys in compensation proceedings should be reasonably compensated for services rendered to a compensation claimant.”
Circle De Lumber Co. v. Humphrey, 130 P.3d 941 (Alaska 2006). “Attorney’s fees for a workers’ compensation claimant are governed by AS 23.30.145. Subsection (a) of this statute 74 establishes a statutory minimum for attorney’s fees: fees may not be less than twenty-five percent on the first $1,000 of compensation or part of the first $1,000…”
Wise Mech. Contractors v. Bignell, 718 P.2d 971 (Alaska 1986). “We noted that under AS 23.30.145 "high awards for successful claims may be necessary for an adequate overall rate of compensation, when counsel's work on unsuccessful claims is considered.”
Haile v. Pan Am. World Airways, Inc., 505 P.2d 838 (Alaska 1973). “The principal section in question is AS 23.30.145. [1] *840 Subsection (a) thereof provides for the award of a minimum attorney's fee and specifies: .”
— Alaska Stat. § 23.30.145(a)(b) — 1 case
LEWIS-WALUNGA v. Mun. of Anchorage, 249 P.3d 1063 (Alaska 2011).
— Alaska Stat. § 23.30.145(b) — 30 cases
Adamson v. Univ. of Alaska, 819 P.2d 886 (Alaska 1991). “Finding for the University, it denied an award of attorney's fees for Adamson under AS 23.30.145. Adamson appealed to the superior court, which affirmed the Board's decision.”
Sandra J. Rusch v. Se. Alaska Reg'l Health Consortium & Alaska Nat'l Ins. Co., Brenda Dockter v. SEARHC & Alaska Nat'l Ins. Co., 453 P.3d 784 (Alaska 2019). “26 We have consistently construed AS 23.30.145 “in its entirety as reflecting the legislature’s intent that attorneys in compensation proceedings should be reasonably compensated for services rendered to a compensation claimant.”
Olson v. AIC/Martin J.V., 818 P.2d 669 (Alaska 1991). “AS 23.30.145 reads in relevant part, (b) If an employer fails to file timely notice of controversy or fails to pay compensation or medical and related benefits within 15 days after it becomes due or otherwise resists the payment of compensation or medical and related benefits…”
Williams v. Abood, 53 P.3d 134 (Alaska 2002). “We have held that awards of attorney's fees under AS 23.30.145 "should be fully compensatory and reasonable, in order that injured workers have competent counsel available to them.”
Circle De Lumber Co. v. Humphrey, 130 P.3d 941 (Alaska 2006). “Attorney’s fees for a workers’ compensation claimant are governed by AS 23.30.145. Subsection (a) of this statute 74 establishes a statutory minimum for attorney’s fees: fees may not be less than twenty-five percent on the first $1,000 of compensation or part of the first $1,000…”
— Alaska Stat. § 23.30.145(c) — 15 cases
Wise Mech. Contractors v. Bignell, 718 P.2d 971 (Alaska 1986). “We noted that under AS 23.30.145 "high awards for successful claims may be necessary for an adequate overall rate of compensation, when counsel's work on unsuccessful claims is considered.”
Rose v. Alaskan Vill., Inc., 412 P.2d 503 (Alaska 1966).
Providence Washington Ins. Co. v. Grant, 693 P.2d 872 (Alaska 1985).
Underwater Constr., Inc. v. Shirley, 884 P.2d 156 (Alaska 1994). “Shirley cross-appeals, claiming that the Board erred in denying his claim "for an award of permanent total disability benefits.”
Ketchikan Gateway Borough v. Saling, 604 P.2d 590 (Alaska 1979).
— Alaska Stat. § 23.30.145(f)(2) — 1 case
Christopher Lovely, Steven Adams, Robert Defoe, Charles Van Curren, & Dustin Leavitt v. Baker Hughes, Inc.; Baker Hughes Oilfield Operations, Inc.; & Baker Petrolite Corp., 459 P.3d 1162 (Alaska 2020).
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