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- Alaska Statutes.
- Title 23. Labor and Workers' Compensation
- Chapter 30. Alaska Workers' Compensation Act
- Section 128. Commission Proceedings.
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. Appeals to Commission.
next: Section 129
. Judicial Review of Commission Orders.
AS 23.30.128. Commission Proceedings.
- (a) An appeal from a decision of the board under this chapter, and other proceedings under this
section, shall be heard and decided by a three-member panel of the commission. An appeal panel of the commission must
include the chair of the commission. The chair of the commission shall assign two members to each appeal, including one
commission member classified as representing employees and one commission member classified as representing employers.
Acts, decisions, and orders of the commission panel in the appeal or related proceeding shall be considered the acts,
decisions, and orders of the full commission. The matter on appeal shall be decided on the record made before the board,
a transcript or recording of the proceedings before the board, and oral argument and written briefs allowed by the
commission. Except as provided in (c) of this section, new or additional evidence may not be received with respect to
- (b) The commission may review discretionary actions, findings of fact, and conclusions of law by
the board in hearing, determining, or otherwise acting on a compensation claim or petition. The board's findings
regarding the credibility of testimony of a witness before the board are binding on the commission. The board's findings
of fact shall be upheld by the commission if supported by substantial evidence in light of the whole record. In
reviewing questions of law and procedure, the commission shall exercise its independent judgment.
- (c) The commission may hold hearings and receive evidence on applications for (1) stays under AS 23.30.125 ; (2) attorney fees and costs of appeal; (3)
waiver of fees by indigent appellants; or (4) dismissal of appeals for failure to prosecute or upon settlement. The
commission may rely on new or additional evidence presented during the hearing in making its decision on the application.
- (d) The commission may affirm, reverse, or modify a decision or order upon review and issue
other orders as appropriate. The commission may remand matters it determines were improperly, incompletely, or otherwise
insufficiently developed. The commission may remand for further proceedings and appropriate action with or without
relinquishing the commission's jurisdiction of the appeal. The administrative adjudication procedures of AS 44.62 (Administrative Procedure Act) do not apply to the proceedings
of the commission.
- (e) Within 90 days after written briefing on the appeal is completed or oral argument is held,
whichever is later, the commission shall issue a decision in writing. The decision must contain a concise statement of
reasons for the decision, including findings of fact, if required, and conclusions of law. The commission shall serve
each party and the director with a copy of the decision. Appeals may be expedited for good cause by the commission.
Unless reconsideration is ordered under (f) of this section, a decision under this subsection is the final commission
- (f) A party or the director may request reconsideration of a decision issued under (e) of this
section within 30 days after the date of service shown in the certificate of service of the decision. The request must
state specific grounds for reconsideration. Reconsideration may be granted if, in reaching the decision, the commission
(1) overlooked, misapplied, or failed to consider a statute, regulation, court or administrative decision, or legal
principle directly controlling; (2) overlooked or misconceived a material fact; (3) misconceived a material question in
the case; or (4) applied law in the ruling that has subsequently changed. The panel of the commission hearing the
request for reconsideration shall consist of the same members of the panel that issued the decision. The commission may
issue an order for reconsideration of all or part of the decision upon request of a party or the director.
Reconsideration is based on the record, unless the commission allows additional argument. The power to order
reconsideration expires 60 days after the date of service, as shown on the certificate of service, of a decision issued
under (e) of this section. If the commission does not issue an order for reconsideration within the time allowed for
ordering reconsideration, a request for reconsideration is considered denied. If reconsideration is ordered, the
commission shall issue a decision within 30 days after the close of the record on reconsideration. The commission shall
serve each party in the case with a copy of the decision upon reconsideration. The decision upon reconsideration is the
final commission decision.
- (g) A decision of the commission becomes final on the
- (1) 31st day after the date of service of a decision if reconsideration is not requested;
- (2) 61st day after the date of service of a decision if reconsideration is requested but an
order for reconsideration is not issued; or
- (3) date of service of the commission decision upon reconsideration under (f) of this section
if reconsideration is requested and an order for reconsideration is issued.
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