Alaska Statutes
Alaska Stat. § 23.30.200 (2026)
Temporary partial disability
✓ current as of July 2026
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Sec. 23.30.200. Temporary partial disability.
(a) In case of temporary partial disability resulting in decrease of earning capacity the compensation shall be 80 percent of the difference between the injured employee's spendable weekly wages before the injury and the wage-earning capacity of the employee after the injury in the same or another employment, to be paid during the continuance of the disability, but not to be paid for more than five years. Temporary partial disability benefits may not be paid for a period of disability occurring after the date of medical stability.
(b) The wage-earning capacity of an injured employee is determined by the actual spendable weekly wage of the employee if the actual spendable weekly wage fairly and reasonably represents the wage-earning capacity of the employee. The board may, in the interest of justice, fix the wage-earning capacity that is reasonable, having due regard to the nature of the injury, the degree of physical impairment, the usual employment, and other factors or circumstances in the case that may affect the capacity of the employee to earn wages in a disabled condition, including the effect of disability as it may naturally extend into the future.
(a) In case of temporary partial disability resulting in decrease of earning capacity the compensation shall be 80 percent of the difference between the injured employee's spendable weekly wages before the injury and the wage-earning capacity of the employee after the injury in the same or another employment, to be paid during the continuance of the disability, but not to be paid for more than five years. Temporary partial disability benefits may not be paid for a period of disability occurring after the date of medical stability.
(b) The wage-earning capacity of an injured employee is determined by the actual spendable weekly wage of the employee if the actual spendable weekly wage fairly and reasonably represents the wage-earning capacity of the employee. The board may, in the interest of justice, fix the wage-earning capacity that is reasonable, having due regard to the nature of the injury, the degree of physical impairment, the usual employment, and other factors or circumstances in the case that may affect the capacity of the employee to earn wages in a disabled condition, including the effect of disability as it may naturally extend into the future.
Notes of Decisions
Cited in 15
cases (3 in the last 5 years), 1963–2025 · 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). “, states that, "The basic requirement of the Act is for the injured worker to receive 66 2/3% of his average weekly wage.”
Shawn Murphy v. Fairbanks North Star Borough, 494 P.3d 556 (Alaska 2021). “33 AS 23.30.200. 34 AS 23.30.215. 35 AS 23.30.”
Alyeska Pipeline Serv. Co. v. DeShong, 77 P.3d 1227 (Alaska 2003). “190 or AS 23.30.200. This theoretical dual eligibility is more problematic for a worker who, like DeShong, claims to be totally disabled for workers' compensation purposes.”
London v. Fairbanks Mun. Utils., Employers Grp., 473 P.2d 639 (Alaska 1970). “Under AS 23.30.200, temporary partial disability is compensated at 65% of the difference between the injured worker’s average weekly wages before the injury and his weekly wage earning capacity after the injury.”
Johnson v. Rca-Oms, Inc., 681 P.2d 905 (Alaska 1984). “AS 23.30.200. TEMPORARY PARTIAL DISABILITY.”
Bignell v. Wise Mech. Contractors, 651 P.2d 1163 (Alaska 1982). “For instance, AS 23.30.200 limits temporary partial disability benefits to five years.”
Richard Roberge v. ASRC Constr. Holding Co. & Arctic Slope Reg'l Corp., 503 P.3d 102 (Alaska 2022). “190, or AS 23.30.200 to identify what kind of benefit is due .”
Arnesen v. Anchorage Refuse, Inc., 925 P.2d 661 (Alaska 1996). “AS 23.30.200. No matter how many dependents he is credited with before the injury, he would have the same number of dependents after the injury.”
Bailey v. Litwin Corp., 713 P.2d 249 (Alaska 1986). “In case of temporary partial disability resulting in decrease of earning capacity the compensation shall be 662/⅞ per cent of the difference between the injured employee's average weekly wages before the injury and his wage earning capacity after the injury in the same or…”
Mun. of Anchorage v. Leigh, 823 P.2d 1241 (Alaska 1992). “See AS 23.30.200. By virtue of these amendments the Act was aligned with the workers' compensation statutes of many other states.”
Wilson v. Erickson, 477 P.2d 998 (Alaska 1970). “AS 23.30.200. 16 . AS 23.30.185. 17 . AS 23.”
Pioneer Constr. v. Conlon, 780 P.2d 995 (Alaska 1989). “AS 23.30.200; see London v. Fairbanks Mun.”
Alaska Stat. § 23.30.200(a): 1 case
Alaska Stat. § 23.30.200(b): 1 case
Arnesen v. Anchorage Refuse, Inc., 925 P.2d 661 (Alaska 1996). “AS 23.30.200. No matter how many dependents he is credited with before the injury, he would have the same number of dependents after the injury.”
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