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- Alaska Statutes.
- Title 23. Labor and Workers' Compensation
- Chapter 30. Alaska Workers' Compensation Act
- Section 200. Temporary Partial Disability.
previous: Section 195
. Survival of the Right to Compensation.
next: Section 205
. Injury Combined With Preexisting Impairment.
AS 23.30.200. Temporary Partial Disability.
- (a) In case of temporary partial disability resulting in decrease of earning capacity the compensation shall be 80 percent
of the difference between the injured employee's spendable weekly wages before the injury and the wage-earning capacity
of the employee after the injury in the same or another employment, to be paid during the continuance of the
disability, but not to be paid for more than five years. Temporary partial disability benefits may not be paid for a
period of disability occurring after the date of medical stability.
- (b) The wage-earning capacity of an injured employee is determined by the actual spendable weekly wage of the employee if
the actual spendable weekly wage fairly and reasonably represents the wage-earning capacity of the employee. The board
may, in the interest of justice, fix the wage-earning capacity that is reasonable, having due regard to the nature of
the injury, the degree of physical impairment, the usual employment, and other factors or circumstances in the case
that may affect the capacity of the employee to earn wages in a disabled condition, including the effect of disability
as it may naturally extend into the future.
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