Alaska Statutes
Alaska Stat. § 23.30.175 (2026)
Rates of compensation
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 23.30.175. Rates of compensation.
(a) The weekly rate of compensation for disability or death may not exceed the maximum compensation rate, may not be less than 22 percent of the maximum compensation rate, and initially may not be less than $110. However, if the board determines that the employee's spendable weekly wages are less than $110 a week as computed under AS 23.30.220, or less than 22 percent of the maximum compensation rate a week in the case of an employee who has furnished documentary proof of the employee's wages, it shall issue an order adjusting the weekly rate of compensation to a rate equal to the employee's spendable weekly wages. If the employer can verify that the employee's spendable weekly wages are less than 22 percent of the maximum compensation rate, the employer may adjust the weekly rate of compensation to a rate equal to the employee's spendable weekly wages without an order of the board. If the employee's spendable weekly wages are greater than 22 percent of the maximum compensation rate, but 80 percent of the employee's spendable weekly wages is less than 22 percent of the maximum compensation rate, the employee's weekly rate of compensation shall be 22 percent of the maximum compensation rate. Prior payments made in excess of the adjusted rate shall be deducted from the unpaid compensation in the manner the board determines. In any case, the employer shall pay timely compensation. In this subsection, “maximum compensation rate” means 120 percent of the average weekly wage, calculated under (d) of this section, applicable on the date of injury of the employee.
(b) The following rules apply to benefits payable to recipients not residing in the state at the time compensation benefits are payable:
(1) the weekly rate of compensation shall be calculated by multiplying the recipient's weekly compensation rate calculated under AS 23.30.180, 23.30.185, 23.30.190, 23.30.200, or 23.30.215 by the ratio of the cost of living of the area in which the recipient resides to the cost of living in this state;
(2) the calculation required by (1) of this subsection does not apply if the recipient is absent from the state for medical or rehabilitation services not reasonably available in the state;
(3) if the gross weekly earnings of the recipient and the resulting compensation rate are determined under AS 23.30.220(a)(6), (7), or (10), the calculation required by this subsection applies only to the portion of the recipient's weekly compensation rate attributable to wages earned in the state;
(4) application of this subsection may not reduce the weekly compensation rate to less than $154 a week, except as provided in (a) of this section;
(5) application of (1) — (4) of this subsection may not result in raising a recipient's weekly compensation rate to an amount that exceeds the weekly compensation rate that the recipient would have received if the recipient had been residing in the state.
(c) The department shall provide by regulation for the determination and comparison of living costs for this state and the other areas in which recipients reside and for the redetermination and comparison of these costs every three years.
(d) By December 1 of each year, the commissioner shall determine the average weekly wage in this state by dividing the average annual wage in this state for the preceding calendar year by 52. The resulting figure is the average weekly wage in this state applicable for the period beginning January 1 and ending December 31 of the following calendar year. The average annual wage calculation required under this subsection shall include the wages of all employees in the state, both public and private, who are covered by this chapter.
(e) If the commissioner fails to determine the average weekly wage in the state as required in (d) of this section until after January 1, but before April 1, of the year following the date the determination was to be made, an employer is not required to make a retroactive adjustment of compensation.
(a) The weekly rate of compensation for disability or death may not exceed the maximum compensation rate, may not be less than 22 percent of the maximum compensation rate, and initially may not be less than $110. However, if the board determines that the employee's spendable weekly wages are less than $110 a week as computed under AS 23.30.220, or less than 22 percent of the maximum compensation rate a week in the case of an employee who has furnished documentary proof of the employee's wages, it shall issue an order adjusting the weekly rate of compensation to a rate equal to the employee's spendable weekly wages. If the employer can verify that the employee's spendable weekly wages are less than 22 percent of the maximum compensation rate, the employer may adjust the weekly rate of compensation to a rate equal to the employee's spendable weekly wages without an order of the board. If the employee's spendable weekly wages are greater than 22 percent of the maximum compensation rate, but 80 percent of the employee's spendable weekly wages is less than 22 percent of the maximum compensation rate, the employee's weekly rate of compensation shall be 22 percent of the maximum compensation rate. Prior payments made in excess of the adjusted rate shall be deducted from the unpaid compensation in the manner the board determines. In any case, the employer shall pay timely compensation. In this subsection, “maximum compensation rate” means 120 percent of the average weekly wage, calculated under (d) of this section, applicable on the date of injury of the employee.
(b) The following rules apply to benefits payable to recipients not residing in the state at the time compensation benefits are payable:
(1) the weekly rate of compensation shall be calculated by multiplying the recipient's weekly compensation rate calculated under AS 23.30.180, 23.30.185, 23.30.190, 23.30.200, or 23.30.215 by the ratio of the cost of living of the area in which the recipient resides to the cost of living in this state;
(2) the calculation required by (1) of this subsection does not apply if the recipient is absent from the state for medical or rehabilitation services not reasonably available in the state;
(3) if the gross weekly earnings of the recipient and the resulting compensation rate are determined under AS 23.30.220(a)(6), (7), or (10), the calculation required by this subsection applies only to the portion of the recipient's weekly compensation rate attributable to wages earned in the state;
(4) application of this subsection may not reduce the weekly compensation rate to less than $154 a week, except as provided in (a) of this section;
(5) application of (1) — (4) of this subsection may not result in raising a recipient's weekly compensation rate to an amount that exceeds the weekly compensation rate that the recipient would have received if the recipient had been residing in the state.
(c) The department shall provide by regulation for the determination and comparison of living costs for this state and the other areas in which recipients reside and for the redetermination and comparison of these costs every three years.
(d) By December 1 of each year, the commissioner shall determine the average weekly wage in this state by dividing the average annual wage in this state for the preceding calendar year by 52. The resulting figure is the average weekly wage in this state applicable for the period beginning January 1 and ending December 31 of the following calendar year. The average annual wage calculation required under this subsection shall include the wages of all employees in the state, both public and private, who are covered by this chapter.
(e) If the commissioner fails to determine the average weekly wage in the state as required in (d) of this section until after January 1, but before April 1, of the year following the date the determination was to be made, an employer is not required to make a retroactive adjustment of compensation.
Notes of Decisions
Cited in 21
cases (1 in the last 5 years), 1966–2022 · leading case: Alaska Pac. Assurance Co. v. Brown, 687 P.2d 264 (Alaska 1984).
Alaska Pac. Assurance Co. v. Brown, 687 P.2d 264 (Alaska 1984). “Class members were awarded damages in the amount of benefits they would have received if AS 23.30.175 had never been enacted. [4] We affirm that portion of the superior court's decision striking down the adjustment provision but reverse with respect to ALPAC's liability for…”
Richard Roberge v. ASRC Constr. Holding Co. & Arctic Slope Reg'l Corp., 503 P.3d 102 (Alaska 2022). “James, an earlier Alaska Workers’ 1 See AS 23.30.175 (setting maximum rate and providing rules for calculating compensation when recipient resides out of state).”
Wien Air Alaska v. Arant, 592 P.2d 352 (Alaska 1979). “3 Wien appealed the Board’s decision to the Superior Court, urging that the increasing máximums in AS 23.30.175 did not apply to death benefits both as a matter of statutory construction and constitutional compulsion; Wien claimed impairment of contract and denial of due process…”
Seward Marine Servs., Inc. v. Anderson, 643 P.2d 493 (Alaska 1982). “If, however, the figure produced by these calculations exceeds the ceilings on awards set forth in AS 23.30.175, the claimants instead receive only the maximum amount.”
Louie v. BP Expl. (Alaska), Inc., 327 P.3d 204 (Alaska 2014). “AS 23.30.175. 11 . AS 23.30.220(a)(10). 12 .”
Vienna v. Scott Wetzel Servs., Inc., 740 P.2d 447 (Alaska 1987). “1, this provision was amended in 1982 along with the whole of AS 23.30.175. Former section .175(d) was reclassified as section .”
Hood v. State, Workmen's Comp. Bd., 574 P.2d 811 (Alaska 1978). “Both the state and the employer argue that the 1974 act applies only to “rates of compensation” established by AS 23.30.175 and .180 and not to maximum benefits of sec.”
Peck v. Alaska Aeronautical, Inc., 756 P.2d 282 (Alaska 1988). “The Board reasoned as follows: AS 23.30.175(a) in 1982 provided in part: The weekly rate of compensation for disability .”
Nickels v. Napolilli, 29 P.3d 242 (Alaska 2001). “See AS 23.30.175. 9 . See AS 23.30.095. 10 . See AS 23.”
Gilmore v. Alaska Workers' Comp. Bd., 882 P.2d 922 (Alaska 1994). “[11] We listed both the maximum benefit cap provided in AS 23.30.175(a) and the possibility that actual earnings would not be used as the measure of compensation if they did not fairly represent wage-earning capacity under former 23.”
London v. Fairbanks Mun. Utils., Employers Grp., 473 P.2d 639 (Alaska 1970). “At the time relevant to this appeal, AS 23.30.175 (a) provided: Compensation for temporary disability or permanent partial disability may not exceed $100 a week and may not be less than $18 a week.”
Brunke v. Rogers & Babler, 714 P.2d 795 (Alaska 1986). “It provides: 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…”
— Alaska Stat. § 23.30.175(a) — 11 cases
Richard Roberge v. ASRC Constr. Holding Co. & Arctic Slope Reg'l Corp., 503 P.3d 102 (Alaska 2022). “James, an earlier Alaska Workers’ 1 See AS 23.30.175 (setting maximum rate and providing rules for calculating compensation when recipient resides out of state).”
Wien Air Alaska v. Arant, 592 P.2d 352 (Alaska 1979). “3 Wien appealed the Board’s decision to the Superior Court, urging that the increasing máximums in AS 23.30.175 did not apply to death benefits both as a matter of statutory construction and constitutional compulsion; Wien claimed impairment of contract and denial of due process…”
Seward Marine Servs., Inc. v. Anderson, 643 P.2d 493 (Alaska 1982). “If, however, the figure produced by these calculations exceeds the ceilings on awards set forth in AS 23.30.175, the claimants instead receive only the maximum amount.”
Louie v. BP Expl. (Alaska), Inc., 327 P.3d 204 (Alaska 2014). “AS 23.30.175. 11 . AS 23.30.220(a)(10). 12 .”
Alaska Pac. Assurance Co. v. Brown, 687 P.2d 264 (Alaska 1984). “Class members were awarded damages in the amount of benefits they would have received if AS 23.30.175 had never been enacted. [4] We affirm that portion of the superior court's decision striking down the adjustment provision but reverse with respect to ALPAC's liability for…”
— Alaska Stat. § 23.30.175(b) — 6 cases
Richard Roberge v. ASRC Constr. Holding Co. & Arctic Slope Reg'l Corp., 503 P.3d 102 (Alaska 2022). “James, an earlier Alaska Workers’ 1 See AS 23.30.175 (setting maximum rate and providing rules for calculating compensation when recipient resides out of state).”
Peck v. Alaska Aeronautical, Inc., 756 P.2d 282 (Alaska 1988). “The Board reasoned as follows: AS 23.30.175(a) in 1982 provided in part: The weekly rate of compensation for disability .”
Louie v. BP Expl. (Alaska), Inc., 327 P.3d 204 (Alaska 2014). “AS 23.30.175. 11 . AS 23.30.220(a)(10). 12 .”
Wien Air Alaska v. Arant, 592 P.2d 352 (Alaska 1979). “3 Wien appealed the Board’s decision to the Superior Court, urging that the increasing máximums in AS 23.30.175 did not apply to death benefits both as a matter of statutory construction and constitutional compulsion; Wien claimed impairment of contract and denial of due process…”
Peck v. Alaska Aeronautical, Inc., 744 P.2d 663 (Alaska 1987).
— Alaska Stat. § 23.30.175(b)(1) — 1 case
Richard Roberge v. ASRC Constr. Holding Co. & Arctic Slope Reg'l Corp., 503 P.3d 102 (Alaska 2022). “James, an earlier Alaska Workers’ 1 See AS 23.30.175 (setting maximum rate and providing rules for calculating compensation when recipient resides out of state).”
— Alaska Stat. § 23.30.175(b)(5) — 1 case
Richard Roberge v. ASRC Constr. Holding Co. & Arctic Slope Reg'l Corp., 503 P.3d 102 (Alaska 2022). “James, an earlier Alaska Workers’ 1 See AS 23.30.175 (setting maximum rate and providing rules for calculating compensation when recipient resides out of state).”
— Alaska Stat. § 23.30.175(c) — 2 cases
Alaska Pac. Assurance Co. v. Brown, 687 P.2d 264 (Alaska 1984). “Class members were awarded damages in the amount of benefits they would have received if AS 23.30.175 had never been enacted. [4] We affirm that portion of the superior court's decision striking down the adjustment provision but reverse with respect to ALPAC's liability for…”
Wien Air Alaska v. Arant, 592 P.2d 352 (Alaska 1979). “3 Wien appealed the Board’s decision to the Superior Court, urging that the increasing máximums in AS 23.30.175 did not apply to death benefits both as a matter of statutory construction and constitutional compulsion; Wien claimed impairment of contract and denial of due process…”
— Alaska Stat. § 23.30.175(d) — 3 cases
Alaska Pac. Assurance Co. v. Brown, 687 P.2d 264 (Alaska 1984). “Class members were awarded damages in the amount of benefits they would have received if AS 23.30.175 had never been enacted. [4] We affirm that portion of the superior court's decision striking down the adjustment provision but reverse with respect to ALPAC's liability for…”
Vienna v. Scott Wetzel Servs., Inc., 740 P.2d 447 (Alaska 1987). “1, this provision was amended in 1982 along with the whole of AS 23.30.175. Former section .175(d) was reclassified as section .”
Richard Roberge v. ASRC Constr. Holding Co. & Arctic Slope Reg'l Corp., 503 P.3d 102 (Alaska 2022). “James, an earlier Alaska Workers’ 1 See AS 23.30.175 (setting maximum rate and providing rules for calculating compensation when recipient resides out of state).”
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.