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- Alaska Statutes.
- Title 23. Labor and Workers' Compensation
- Chapter 30. Alaska Workers' Compensation Act
- Section 175. Rates of Compensation.
previous: Section 172
. Benefit Adjustments. [Repealed, Sec. 11 Ch 75 SLA 1977].
next: Section 180
. Permanent Total Disability.
AS 23.30.175. Rates of Compensation.
- (a) The weekly rate of compensation for disability or death may not exceed the maximum compensation rate, may not be less
than 22 percent of the maximum compensation rate, and initially may not be less than $110. However, if the board
determines that the employee's spendable weekly wages are less than $110 a week as computed under AS 23.30.220
, or less than 22 percent of the maximum compensation rate a week in the case of an employee who has furnished
documentary proof of the employee's wages, it shall issue an order adjusting the weekly rate of compensation to a rate
equal to the employee's spendable weekly wages. If the employer can verify that the employee's spendable weekly wages
are less than 22 percent of the maximum compensation rate, the employer may adjust the weekly rate of compensation to a
rate equal to the employee's spendable weekly wages without an order of the board. If the employee's spendable weekly
wages are greater than 22 percent of the maximum compensation rate, but 80 percent of the employee's spendable weekly
wages is less than 22 percent of the maximum compensation rate, the employee's weekly rate of compensation shall be 22
percent of the maximum compensation rate. Prior payments made in excess of the adjusted rate shall be deducted from the
unpaid compensation in the manner the board determines. In any case, the employer shall pay timely compensation. In
this subsection, "maximum compensation rate" means 120 percent of the average weekly wage, calculated under (d) of this
section, applicable on the date of injury of the employee.
- (b) The following rules apply to benefits payable to recipients not residing in the state at the time compensation
benefits are payable:
- (1) the weekly rate of compensation shall be calculated by multiplying the recipient's weekly compensation rate calculated
under AS 23.30.180
, 23.30.185, 23.30.190, 23.30.200, or 23.30.215 by the ratio of the cost of living of the area
in which the recipient resides to the cost of living in this state;
- (2) the calculation required by (1) of this subsection does not apply if the recipient is absent from the state for
medical or rehabilitation services not reasonably available in the state;
- (3) if the gross weekly earnings of the recipient and the resulting compensation rate are determined under AS 23.30.220
(a)(6), (7), or (10), the calculation required by this subsection applies only to the portion of the recipient's weekly
compensation rate attributable to wages earned in the state;
- (4) application of this subsection may not reduce the weekly compensation rate to less than $154 a week, except as
provided in (a) of this section;
- (5) application of (1) - (4) of this subsection may not result in raising a recipient's weekly compensation
rate to an amount that exceeds the weekly compensation rate that the recipient would have received if the recipient had been
residing in the state.
- (c) The department shall provide by regulation for the determination and comparison of living costs for this state and the
other areas in which recipients reside and for the redetermination and comparison of these costs every three years.
- (d) By December 1 of each year, the commissioner shall determine the average weekly wage in this state by dividing the
average annual wage in this state for the preceding calendar year by 52. The resulting figure is the average weekly
wage in this state applicable for the period beginning January 1 and ending December 31 of the following calendar year.
The average annual wage calculation required under this subsection shall include the wages of all employees in the
state, both public and private, who are covered by this chapter.
- (e) If the commissioner fails to determine the average weekly wage in the state as required in
(d) of this section until after January 1, but before April 1, of the year following the date the determination was to
be made, an employer is not required to make a retroactive adjustment of compensation.
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