Alaska Statutes
Alaska Stat. § 23.30.180 (2026)
Permanent total disability
✓ current as of July 2026
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Sec. 23.30.180. Permanent total disability.
(a) In case of total disability adjudged to be permanent 80 percent of the injured employee's spendable weekly wages shall be paid to the employee during the continuance of the total disability. If a permanent partial disability award has been made before a permanent total disability determination, permanent total disability benefits must be reduced by the amount of the permanent partial disability award, adjusted for inflation, in a manner determined by the board. Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two of them, in the absence of conclusive proof to the contrary, constitutes permanent total disability. In all other cases permanent total disability is determined in accordance with the facts. In making this determination the market for the employee's services shall be
(1) area of residence;
(2) area of last employment;
(3) the state of residence; and
(4) the State of Alaska.
(b) Failure to achieve remunerative employability as defined in AS 23.30.041(s) does not, by itself, constitute permanent total disability.
(a) In case of total disability adjudged to be permanent 80 percent of the injured employee's spendable weekly wages shall be paid to the employee during the continuance of the total disability. If a permanent partial disability award has been made before a permanent total disability determination, permanent total disability benefits must be reduced by the amount of the permanent partial disability award, adjusted for inflation, in a manner determined by the board. Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two of them, in the absence of conclusive proof to the contrary, constitutes permanent total disability. In all other cases permanent total disability is determined in accordance with the facts. In making this determination the market for the employee's services shall be
(1) area of residence;
(2) area of last employment;
(3) the state of residence; and
(4) the State of Alaska.
(b) Failure to achieve remunerative employability as defined in AS 23.30.041(s) does not, by itself, constitute permanent total disability.
Notes of Decisions
Cited in 43
cases (3 in the last 5 years), 1966–2022 · leading case: Alaska Airlines, Inc. v. Darrow, 403 P.3d 1116 (Alaska 2017).
Alaska Airlines, Inc. v. Darrow, 403 P.3d 1116 (Alaska 2017). “4 Alaska Airlines later petitioned the Board to allow it two offsets: one for SSDI and another one, pursuant, to AS 23.30.180, for the PPI it had paid earlier, 5 During Darrow’s, 2014 deposition Alaska Airlines learned that she had also been work *1119 ing for the State of…”
Alyeska Pipeline Serv. Co. v. DeShong, 77 P.3d 1227 (Alaska 2003). “187 provides: Compensation is not payable to an employee under AS 23.30.180 [compensation for permanent total disability] or 23.”
Leigh v. Seekins Ford, 136 P.3d 214 (Alaska 2006). “Seekins Ford did not present substantial evidence that work within Leigh’s abilities was regularly and continuously available in the relevant labor markets described in AS 23.30.180(a). Leigh also argues that Seekins Ford’s evidence of regular and continuously available work in…”
Shawn Murphy v. Fairbanks North Star Borough, 494 P.3d 556 (Alaska 2021). “occupational disease shall be four years from the date of injury, and the right to compensation for death is barred unless a claim therefor is filed within one year after the death, except that, if payment of compensation has been made without an award on account of the injury…”
Richard Roberge v. ASRC Constr. Holding Co. & Arctic Slope Reg'l Corp., 503 P.3d 102 (Alaska 2022). “, AS 23.30.180 (setting permanent total disability at 80% of spendable weekly wage).”
Rydwell v. Anchorage Sch. Dist., 864 P.2d 526 (Alaska 1993). “This argument fails to consider that an employee in Rydwell's situation is not necessarily ineligible for a permanent total disability rating under AS 23.30.180. Disability ratings, as distinct from ratings based on the recently introduced concept of permanent impairment, are…”
Alaska Pac. Assurance Co. v. Brown, 687 P.2d 264 (Alaska 1984). “(c) The following rules apply to recipients who do not reside in Alaska: (1) The weekly rate of compensation shall be calculated by multiplying the recipient's weekly compensation rate calculated in accordance with AS 23.30.180, 23.30.185, 23.30.190, 23.30.”
McKean v. Mun. of Anchorage, 783 P.2d 1169 (Alaska 1989). “Former AS 23.30.180. The State and the Municipality further argue that the Board should not be required to make periodic or cost-of-living adjustments to total disability benefits.”
Underwater Constr., Inc. v. Shirley, 884 P.2d 156 (Alaska 1994). “This statement is most likely based on AS 23.30.180, which provides for compensation for permanent total disability "during the *161 continuance of the total disability.”
Meek v. Unocal Corp., 914 P.2d 1276 (Alaska 1996). “Rather, the statute specifies that, except for certain predetermined disabilities which automatically constitute permanent total disability, permanent total disability "is determined in accordance with the facts.”
Gilmore v. Alaska Workers' Comp. Bd., 882 P.2d 922 (Alaska 1994). “Under AS 23.30.180 and .185, temporary and permanent total disability benefits are calculated by taking eighty percent of an injured employee's "spendable weekly wages.”
Stephan C. Mitchell v. United Parcel Serv. & Liberty Mut. Fire Ins. Co., 498 P.3d 1029 (Alaska 2021). “25 AS 23.30.180(a). 26 Id. -19- 7566 capabilities, i.”
Alaska Stat. § 23.30.180(a): 10 cases
Alaska Airlines, Inc. v. Darrow, 403 P.3d 1116 (Alaska 2017). “4 Alaska Airlines later petitioned the Board to allow it two offsets: one for SSDI and another one, pursuant, to AS 23.30.180, for the PPI it had paid earlier, 5 During Darrow’s, 2014 deposition Alaska Airlines learned that she had also been work *1119 ing for the State of…”
Leigh v. Seekins Ford, 136 P.3d 214 (Alaska 2006). “Seekins Ford did not present substantial evidence that work within Leigh’s abilities was regularly and continuously available in the relevant labor markets described in AS 23.30.180(a). Leigh also argues that Seekins Ford’s evidence of regular and continuously available work in…”
Circle De Lumber Co. v. Humphrey, 130 P.3d 941 (Alaska 2006).
Unisea, Inc. v. De Lopez, 435 P.3d 961 (Alaska 2019).
Stephan C. Mitchell v. United Parcel Serv. & Liberty Mut. Fire Ins. Co., 498 P.3d 1029 (Alaska 2021). “25 AS 23.30.180(a). 26 Id. -19- 7566 capabilities, i.”
Alaska Stat. § 23.30.180(a)(1): 1 case
Leigh v. Seekins Ford, 136 P.3d 214 (Alaska 2006). “Seekins Ford did not present substantial evidence that work within Leigh’s abilities was regularly and continuously available in the relevant labor markets described in AS 23.30.180(a). Leigh also argues that Seekins Ford’s evidence of regular and continuously available work in…”
Alaska Stat. § 23.30.180(b): 2 cases
Stephan C. Mitchell v. United Parcel Serv. & Liberty Mut. Fire Ins. Co., 498 P.3d 1029 (Alaska 2021). “25 AS 23.30.180(a). 26 Id. -19- 7566 capabilities, i.”
Meek v. Unocal Corp., 914 P.2d 1276 (Alaska 1996). “Rather, the statute specifies that, except for certain predetermined disabilities which automatically constitute permanent total disability, permanent total disability "is determined in accordance with the facts.”
Alaska Stat. § 23.30.180(f): 1 case
Monzulla v. Voorhees Concrete Cutting, 254 P.3d 341 (Alaska 2011).
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