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- Alaska Statutes.
- Title 23. Labor and Workers' Compensation
- Chapter 30. Alaska Workers' Compensation Act
- Section 8. Powers and Duties of the Commission.
previous: Section 7
. Worker's Compensation Appeals Commission.
next: Section 9
. Powers and Duties of the Chair of the Commission.
AS 23.30.008. Powers and Duties of the Commission.
- (a) The commission shall be the exclusive and final authority for the hearing and determination of all questions
of law and fact arising under this chapter in those matters that have been appealed to the commission, except for an appeal to the
Alaska Supreme Court. The commission does not have jurisdiction in any case that does not arise under this chapter or in any criminal
case. On any matter taken to the commission, the decision of the commission is final and conclusive, unless appealed to the Alaska
Supreme Court, and shall stand in lieu of the order of the board from which the appeal was taken. Unless reversed by the Alaska Supreme
Court, decisions of the commission have the force of legal precedent.
- (b) The commission, in its administrative capacity, shall maintain, index, and make available for public
inspection the final administrative decisions and orders of the commission and of the board. The chair of the commission may review and
circulate among the other members of the relevant commission appeal panel the drafts of the panel's formal decisions and decisions upon
reconsideration. The drafts are confidential documents and are not subject to disclosure.
- (c) The chair of the commission shall draft and propose, and the commission in its administrative capacity may
adopt, regulations implementing the commission's authority and duties under this chapter, including rules of procedure and evidence for
proceedings before the commission under this chapter. The provisions of AS 44.62 (Administrative Procedure Act) apply to the adoption of regulations by the
- (d) In an appeal, the commission shall award a successful party reasonable costs and, if the party is represented
by an attorney, attorney fees that the commission determines to be fully compensatory and reasonable. However, the commission may not
make an award of attorney fees against an injured worker unless the commission finds that the worker's position on appeal was frivolous
or unreasonable or the appeal was taken in bad faith.
- (e) The commission, in its administrative capacity, may adopt and alter an official seal and do all things
necessary, convenient, or desirable to carry out the powers expressly granted or necessarily implied in this chapter.
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