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(a) The weekly rate of compensation is based on a seven-day week. When computing compensation for a number of days not equally divisible by seven, the result will be carried to three decimals.
(b) Until an employee provides the information requested on the green copy of form 07-6101 and submits it in accordance with the form's instructions, compensation is due based on the assumption that the employee is legally entitled to claim the marital status of "single" and himself or herself as a dependent.
(c) For the purpose of determining the weekly compensation rate under AS 23.30.175 , 23.30.220, and 23.30.395(23), the number of dependents is determined as of the date of injury, and does not change, even if the employee's number of actual dependents does change.
(d) An employer may reduce the employee's weekly compensation rate to a rate equal to the employee's spendable weekly wages and to a rate less than $154 for an injury that occurred before July 1, 2000, or to a rate less than 22 percent of the maximum compensation rate under AS 23.30.175 (a) for an injury that occurred on or after July 1, 2000, without a board order if
(1) AS 23.30.220 (a)(1) is the appropriate method to use in determining the employee's gross weekly earnings;
(2) the employee does not submit any wage documents, or the employee submits wage documents that entitle the employee to less than $154 for an injury that occurred before July 1, 2000, or to a rate less than 22 percent of the maximum compensation rate under AS 23.30.175 (a) for an injury that occurred on or after July 1, 2000;
(3) the employer obtains copies of the employee's wage documents or other written proof of the employee's wages for the two years before the year of the employee's injury, and submits copies of the written proof with the compensation report filed under AS 23.30.155 (c); and
(4) the employer files an affidavit stating that the written proof submitted under (3) of this subsection represents all of the employee's wages that could be obtained after reasonable inquiry and with due diligence, and that the employee has not been absent from the labor market for 18 or more months in the past two years.
(e) For purposes of AS 23.30.175 (a) for injuries on or after September 4, 1995, an employee has furnished documentary proof of the employee's wages if
(1) the employee gives the employer a written earnings statement, prepared by an employer, or a copy of a tax return filed with the Internal Revenue Service showing the employee's earnings for the proper time period for purposes of making the calculations under the appropriate paragraph of AS 23.30.220 (a); or
(2) at the time of the injury the employee was not working under concurrent contracts with two or more employers, the employee was employed by the employer for
(A) 13 calendar weeks immediately preceding the injury, and the gross weekly earnings are calculated under AS 23.30.220 (a)(1), (2) or (3); or
(B) 52 calendar weeks immediately preceding the injury, and the gross weekly earnings are computed under AS 23.30.220 (a)(4)(A).
(f) After an employee furnishes documentary proof of the employee's wages in accordance with (e) of this section, the employer may reduce the employee's weekly compensation rate without a board order to a rate equal to the employee's spendable weekly wages, but not less than $110 a week, if the employer files a compensation report in accordance with AS 23.30.155 (c) together with
(1) copies of the employee's wage documents or other written proof of the employee's wages that entitle the employee to less than $154 for an injury that occurred before July 1, 2000, or to a rate less than 22 percent of the maximum compensation rate under AS 23.30.175 (a) for an injury that occurred on or after July 1, 2000, under AS 23.30.220 (a); and
(2) an affidavit stating
(A) the submitted written proof represents all of the employee's wages that could be obtained after reasonable inquiry and with due diligence; and
(B) the employee's work history justifies placing the employee in the paragraph of AS 23.30.220 (a) that was used to compute the employee's gross weekly earnings.
History: Eff. 12/14/86, Register 100; am 3/16/90, Register 113; am 7/2/98, Register 146; am 2/3/2001, Register 157
Authority: AS 23.30.005
Editor's note: Effective 9/4/95, ch. 75 SLA 1995 repealed and reenacted AS 23.30.220 (a), which changed the calculations for computation of compensation under the Act.
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Last modified 7/05/2006