Advertising with us can place you in front of thousands of visitors a day. Learn more!
- Alaska Statutes.
- Title 23. Labor and Workers' Compensation
- Chapter 30. Alaska Workers' Compensation Act
- Section 220. Determination of Spendable Weekly Wage.
previous: Section 215
. Compensation For Death.
next: Section 224
. Coordination of Benefits.
AS 23.30.220. Determination of Spendable Weekly Wage.
- (a) Computation of compensation under this chapter shall be on the basis of an employee's spendable weekly wage at the
time of injury. An employee's spendable weekly wage is the employee's gross weekly earnings minus payroll tax
deductions. An employee's gross weekly earnings shall be calculated as follows:
- (1) if at the time of injury the employee's earnings are calculated by the week, the weekly amount is the employee's gross
- (2) if at the time of injury the employee's earnings are calculated by the month, the employee's gross weekly earnings are
the monthly earnings multiplied by 12 and divided by 52;
- (3) if at the time of injury the employee's earnings are calculated by the year, the employee's gross weekly earnings are
the yearly earnings divided by 52;
- (4) if at the time of injury the employee's earnings are calculated by the day, by the hour, or
by the output of the employee, then the employee's gross weekly earnings are 1/50 of the total wages that the employee
earned from all occupations during either of the two calendar years immediately preceding the injury, whichever is most
favorable to the employee;
- (5) if at the time of injury the employee's earnings have not been fixed or cannot be ascertained, the employee's earnings
for the purpose of calculating compensation are the usual wage for similar services when the services are rendered by
- (6) if at the time of injury the employee's earnings are calculated by the week under (1) of this
subsection or by the month under (2) of this subsection and the employment is exclusively seasonal or temporary, then the
gross weekly earnings are 1/50 of the total wages that the employee has earned from all occupations
during the 12 calendar months immediately preceding the injury;
- (7) when the employee is working under concurrent contracts with two or more employers, the employee's earnings from all
employers is considered as if earned from the employer liable for compensation;
- (8) if an employee when injured is a minor, an apprentice, or a trainee in a formalized training program, as determined by the
board, whose wages under normal conditions would increase during the period of disability, the projected increase may
be considered by the board in computing the gross weekly earnings of the employee; if the minor, apprentice, or trainee
would have likely continued that training program, then the compensation shall be the average weekly wage at the time of
injury rather than that based on the individual's prior earnings;
- (9) if the employee is injured while performing duties as a volunteer ambulance attendant, volunteer police officer, or
volunteer fire fighter, then, notwithstanding (1) - (6) of this subsection, the gross weekly earnings for calculating
compensation shall be the minimum gross weekly earnings paid a full-time ambulance attendant, police officer, or fire
fighter employed in the political subdivision where the injury occurred, or, if the political subdivision has no
full-time ambulance attendants, police officers, or fire fighters, at a reasonable figure previously set by the
political subdivision to make this determination, but in no case may the gross weekly earnings for calculating
compensation be less than the minimum wage computed on the basis of 40 hours work per week;
- (10) if an employee is entitled to compensation under AS 23.30.180
and the board determines that calculation of the employee's gross weekly earnings under (1) - (7) of this subsection
does not fairly reflect the employee's earnings during the period of disability, the board shall determine gross weekly
earnings by considering the nature of the employee's work, work history, and resulting disability, but compensation
calculated under this paragraph may not exceed the employee's gross weekly earnings at the time of injury.
- (b) The commissioner shall annually prepare formulas that shall be used to calculate an employee's spendable weekly wage
on the basis of gross weekly earnings, number of dependents, marital status, and payroll tax deductions.
- (c) In this section,
- (1) "seasonal work" means employment that is not intended to continue through an entire calendar year, but recurs on an
- (2) "temporary work" means employment that is not permanent, ends upon completion of the task, job, or contract, and ends
within six months from the date of injury.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.