Section 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.

Authorities

23.30.130;23.30.155;23.30.215;23.30.224;23.30.237

Notes

Implemented As

8 AAC 45.050
8 AAC 45.138
8 AAC 45.210
8 AAC 45.900

References

8 AAC 45.050
8 AAC 45.138
8 AAC 45.210
8 AAC 45.900
AS 23.30.130 Modification of awards.
AS 23.30.155 Payment of compensation.
AS 23.30.215 Compensation for death.
AS 23.30.224 Coordination of benefits.
AS 23.30.237 High school students in work-study programs as employees of the state.

History

(Sec. 5(2), (3) ch 193 SLA 1959; am Sec. 4 ch 46 SLA 1964; am Sec. 1 ch 113 SLA 1966; am Sec. 1 ch 206 SLA 1968; am Sec. 1 ch 228 SLA 1970; am Sec. 3 ch 10 SLA 1972; am Sec. 1 ch 52 SLA 1974; am Sec. 2 ch 83 SLA 1975; am Sec. 4, 5 ch 252 SLA 1976; am Sec. 3 ch 75 SLA 1977; am Sec. 16 - 18, 27 ch 93 SLA 1982; am Sec. 2 - 4 ch 70 SLA 1983; am Sec. 30 ch 79 SLA 1988; am Sec. 7 ch 75 SLA 1995; am Sec. 15, 16 ch 105 SLA 2000; am Sec. 53 - 55 ch 10 FSSLA 2005)