Section 23.30.244. Emergency and disaster relief forces as state employees.

   (a) A resident of this state temporarily engaged as a civilian volunteer in an emergency or a disaster relief function in another state or country who suffers injury or death during the course and within the scope of providing emergency or disaster relief aid is considered an employee of this state for purposes of this chapter if, at the time of the injury or death, the volunteer
        (1) is an active roster civilian volunteer member of a state-certified emergency force and is registered with the state division of homeland security and emergency management in the Department of Military and Veterans' Affairs;
        (2) is providing services under AS 26.23.136 during an emergency or disaster; and
        (3) is not otherwise covered for that injury or death by an employer's workers' compensation insurance policy or self-insurance certificate.
   (b) A resident of this state temporarily engaged as a civilian volunteer in a disaster emergency relief function in this state who suffers injury or death during the course and within the scope of providing disaster emergency relief aid is considered an employee of the state for purposes of this chapter if, at the time of the injury or death, the volunteer
        (1) is an active roster civilian volunteer member of an emergency service organization whose services were requested by the division of homeland security and emergency management in the Department of Military and Veterans' Affairs;
        (2) is providing services requested by the Department of Military and Veterans' Affairs during a disaster emergency declared under AS 26.20.040 or AS 26.23.020;
        (3) is not an employee of an agency of the United States, this state, or a political subdivision of this state; and
        (4) is not otherwise covered for that injury or death by an employer's workers' compensation insurance policy or self-insurance certificate.
   (c) The gross weekly earnings for a resident of this state temporarily engaged as a civilian volunteer under this section are the minimum gross weekly earnings paid to an employee employed by this state to perform equivalent work, or, if an employee is not employed by this state to perform equivalent work, the state average weekly wage, but the gross weekly earnings for calculating compensation may not be less than the minimum wage computed on the basis of 40 hours of work a week.

Notes

History

(Sec. 1 ch 104 SLA 1977; am Sec. 39 ch 79 SLA 1988; am Sec. 1 ch 55 SLA 2002)