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- Alaska Statutes.
- Title 23. Labor and Workers' Compensation
- Chapter 30. Alaska Workers' Compensation Act
- Section 105. Time For Filing of Claims.
previous: Section 100
. Notice of Injury or Death.
next: Section 106
. [Renumbered as AS 23.30.011
AS 23.30.105. Time For Filing of Claims.
- (a) The right to compensation for disability under this chapter is barred unless a claim for it is filed within two years
after the employee has knowledge of the nature of the employee's disability and its relation to the employment and
after disablement. However, the maximum time for filing the claim in any event other than arising out of an
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 or death, a claim may be filed within two years after the date of the last
payment of benefits under AS 23.30.041
, 23.30.180, 23.30.185, 23.30.190, 23.30.200, or 23.30.215. It is additionally provided that, in the case
of latent defects pertinent to and causing compensable disability, the injured employee has full right to claim as
shall be determined by the board, time limitations notwithstanding.
- (b) Failure to file a claim within the period prescribed in (a) of this section is not a bar to compensation unless
objection to the failure is made at the first hearing of the claim in which all parties in interest are given
reasonable notice and opportunity to be heard.
- (c) If a person who is entitled to compensation under this chapter is mentally incompetent or a minor, the provisions of
(a) of this section are not applicable so long as the person has no guardian or other authorized representative, but
are applicable in the case of a person who is mentally incompetent or a minor from the date of appointment of a
guardian or other representative, or in the case of a minor, if no guardian is appointed before the person becomes of
age, from the date the person becomes of age.
- (d) If recovery is denied to a person, in a suit brought at law or in admiralty to recover damages in respect to injury or
death, on the ground that the person was an employee and that the defendant is an employer within the meaning of this
chapter and that the employer has secured compensation to the employee under this chapter, the limitation of time
prescribed in (a) of this section begins to run only from the date of termination of the suit.
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