Alaska Statutes
Alaska Stat. § 23.30.170 (2026)
Collection of defaulted payments
✓ current as of July 2026
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Sec. 23.30.170. Collection of defaulted payments.
Article 5. Computation of Compensation.
(a) In case of default by the employer in the payment of compensation due under an award of compensation for a period of 30 days after the compensation is due, the person to whom the compensation is payable may, within one year after the default, apply to the board making the compensation order for a supplementary order declaring the amount of the default. After investigation, notice, and hearing, as provided in AS 23.30.110, the board shall make a supplementary order declaring the amount of the default. The order shall be filed in the same manner as the compensation order.
(b) If the payment in default is an installment of the award, the board may, in its discretion, declare the whole of the award as the amount in default. The applicant may file a certified copy of the supplementary order with the clerk of the superior court. The supplementary order is final. The court shall, upon the filing of the copy, enter judgment for the amount declared in default by the supplementary order if it is in accordance with law. Any time after a supplementary order by the board, the attorney general, when requested to do so by the commissioner, shall take appropriate action to assure collection of the defaulted payments.
(c) Review of the judgment may be had as in a civil action for damages. Final proceedings to execute the judgment may be had by writ of execution. The court shall modify the judgment to conform to a later compensation order upon presentation of a certified copy of it to the court.
(a) In case of default by the employer in the payment of compensation due under an award of compensation for a period of 30 days after the compensation is due, the person to whom the compensation is payable may, within one year after the default, apply to the board making the compensation order for a supplementary order declaring the amount of the default. After investigation, notice, and hearing, as provided in AS 23.30.110, the board shall make a supplementary order declaring the amount of the default. The order shall be filed in the same manner as the compensation order.
(b) If the payment in default is an installment of the award, the board may, in its discretion, declare the whole of the award as the amount in default. The applicant may file a certified copy of the supplementary order with the clerk of the superior court. The supplementary order is final. The court shall, upon the filing of the copy, enter judgment for the amount declared in default by the supplementary order if it is in accordance with law. Any time after a supplementary order by the board, the attorney general, when requested to do so by the commissioner, shall take appropriate action to assure collection of the defaulted payments.
(c) Review of the judgment may be had as in a civil action for damages. Final proceedings to execute the judgment may be had by writ of execution. The court shall modify the judgment to conform to a later compensation order upon presentation of a certified copy of it to the court.
Notes of Decisions
Cited in 5
cases, 1967–2020 · leading case: Alaska Pub. Interest Rsch. Grp. v. State, 167 P.3d 27 (Alaska 2007).
Alaska Pub. Interest Rsch. Grp. v. State, 167 P.3d 27 (Alaska 2007). “AS 23.30.170. 59 . AS 22.10.020(d); AS 23.”
Arctic Structures, Inc. v. Wedmore, 605 P.2d 426 (Alaska 1979). “However, if an employer fails to secure payment of compensation as required by this chapter, an injured employee or his legal representative in case death results from the injury may elect to claim compensation under this chapter, or to maintain an action against the employer at…”
DeNuptiis v. Unocal Corp., 63 P.3d 272 (Alaska 2003). “If a person fails to comply with an order of the board requiring reimbursement of compensation and payment of costs and attorney fees, the employer may declare the person in default and proceed to collect any sum due as provided under AS 23.30.170(b) and (e). 2 Neither…”
Johns v. State, Dep't of Highways, 431 P.2d 148 (Alaska 1967). “18 Since cross-appellant Johns made no effort to proceed under AS 23.30.170, we are of the opinion that the superior court correctly denied his motion for a writ of execution.”
Leona Seal, as Pers. Rep. of the Est. of Nicholson J. Tinker v. Mark C. Welty d/b/a North Country Servs., 477 P.3d 613 (Alaska 2020). “76 We do not have the Board’s record before us in this case and thus do not know whether the Board questioned the parties about the settlement agreement, but the superior court had no evidence suggesting that the Board had approved anything beyond the agreement provisions within…”
— Alaska Stat. § 23.30.170(b) — 1 case
DeNuptiis v. Unocal Corp., 63 P.3d 272 (Alaska 2003). “If a person fails to comply with an order of the board requiring reimbursement of compensation and payment of costs and attorney fees, the employer may declare the person in default and proceed to collect any sum due as provided under AS 23.30.170(b) and (e). 2 Neither…”
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