Section 18.67.130. Limitations on awarding compensation.

   (a) An order for the payment of compensation may not be made under AS 18.67.080 unless
        (1) the application has been made within two years after the date of the personal injury or death;
        (2) the personal injury or death was the result of an incident or offense listed in AS 18.67.101 that had been reported to the police within five days of its occurrence or, if the incident or offense could not reasonably have been reported within that period, within five days of the time when a report could reasonably have been made; and
        (3) in the discretion of the board, the applicant has cooperated with law enforcement and prosecution officials to further prosecution of the offender if appropriate and to avoid further injury by the offender to the applicant and injury to persons in the care of the applicant who are exposed to possible injury by the offender.
   (b) Compensation may not be awarded if the victim
        (1)   [Repealed, Sec. 8 ch 96 SLA 1983]. 
        (2)   [Repealed, Sec. 8 ch 96 SLA 1983]. 
        (3) violated a penal law of the state, which violation caused or contributed to the victim's injuries or death; or
        (4) is injured as a result of the operation of a motor vehicle, boat, or airplane unless the vehicle was used by the offender while intoxicated or as a weapon in a deliberate attempt to injure or kill the victim.
   (c) Compensation may not be awarded under this chapter in an amount in excess of $40,000 per victim per incident. However, in the case of the death of
        (1) a victim who has more than one dependent eligible for compensation, the total compensation that may be awarded as a result of that death may not exceed $80,000; the board may prorate the total awarded among those dependents according to relative need; or
        (2) two or more victims in the same incident who jointly have a dependent eligible for compensation, the total compensation that may be awarded as a result of those deaths may not exceed $80,000.
   (d) Orders for payment of compensation under this chapter may be made only as to injuries or death resulting from incidents or offenses occurring on and after July 1, 1971.

Authorities

18.67.090

Notes

References

AS 18.67.090 Recovery from collateral source.

History

(Sec. 1 ch 203 SLA 1972; am Sec. 9, 10 ch 132 SLA 1975; am Sec. 4 ch 35 SLA 1979; am Sec. 4 - 6, 8 ch 96 SLA 1983; am Sec. 14 ch 92 SLA 2001)