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- Alaska Statutes.
- Title 23. Labor and Workers' Compensation
- Chapter 30. Alaska Workers' Compensation Act
- Section 82. Workers' Compensation Benefits Guaranty Fund.
previous: Section 80
. Employer's Failure to Insure.
next: Section 85
. Duty of Employer to File Evidence of Compliance.
AS 23.30.082. Workers' Compensation Benefits Guaranty Fund.
- (a) The workers' compensation benefits guaranty fund is established in the general fund to carry
out the purposes of this section. The fund is composed of civil penalty payments made by employers under AS 23.30.080 , income earned on investment of the money in
the fund, money deposited in the fund by the department, and appropriations to the fund, if any. However, money
appropriated to the fund does not lapse. Amounts in the fund may be appropriated for claims against the fund, for
expenses directly related to fund operations and claims, and for legal expenses.
- (b) Every three months, the Department of Revenue shall provide the division with a statement of
the activities of, balances in, interest earned on, and interest returned to the fund.
- (c) Subject to the provisions of this section, an employee employed by an employer who fails to
meet the requirements of AS 23.30.075 and who fails to pay compensation and benefits
due to the employee under this chapter may file a claim for payment by the fund. In order to be eligible for payment,
the claim form must be filed within the same time, and in the same manner, as a workers' compensation claim. The fund
may assert the same defenses as an insured employer under this chapter.
- (d) If the fund pays benefits to an employee under this section, the fund shall be subrogated to
all of the rights of the employee to the amount paid, and the employee shall assign all right, title, and interest in
that portion of the employee's workers' compensation claim and any recovery under AS 23.30.015 to the fund. Money collected by the division on
the claim or recovery shall be deposited in the fund.
- (e) If the money deposited in the fund is insufficient at a given time to satisfy a duly
authorized claim against the fund, the fund shall, when sufficient money has been deposited in the fund and appropriated,
satisfy unpaid claims in the order in which the claims were originally filed, without interest.
- (f) The division may contract under AS 36.30 (State Procurement Code) with a person for the person to adjust
claims against the fund. The contract may cover one or more claims.
- (g) In this section, "fund" means the workers' compensation benefits guaranty fund.
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