Workers’ compensation appeals would go to Alaska’s superior courts

Parties would seek review of Alaska Workers’ Compensation Board decisions in superior court as the appeals commission winds down. The court route would cover board decisions not already challenged before the commission when the act takes effect, including decisions issued after the commission sends a case back to the board. The act would take effect only if its court-rule sections receive two-thirds votes in each legislative chamber. The workers’ compensation division director could join an appeal. The director could also seek review when a party has no lawyer and a compensation order raises an unsettled legal question. Courts would accept the board’s factual findings when substantial evidence supports them across the full record. The text sets a conditional effective date of June 1, 2026, and directs covered cases to superior court on or after that date.

Courts could pause some or all compensation payments during review when a party meets the stated requirements. These rules would cover court review of board decisions, except proceedings kept under the commission’s earlier rules. The act would require two-thirds votes in each chamber for its court-rule sections. The party would need to request a pause and post a bond if required. For ongoing payments, the party would need to show harm that cannot be repaired and that the recipient would probably lose the appeal. For a lump sum payment, the party would need to show harm that cannot be repaired and serious, substantial questions about the case. The text sets June 1, 2026, as the conditional start date for these rules.

Unfinished commission cases would move to superior court, and unfinished requests to reconsider commission decisions would be automatically denied. Transfers would cover cases pending before June 1, 2026, and unfinished through December 1, 2026. Automatic denials would also cover reconsideration granted but not decided by December 1. The transition would depend on the required two-thirds votes in each chamber. Parties would receive notice 30 days before an unfinished case transfers. Commission decisions issued on or before December 1, 2026, would follow the earlier route for Supreme Court review. Commission members’ terms would expire December 31, 2026. On December 2, 2026, the commission’s power to reconsider decisions would expire. Decisions affected by automatic denial would become final, with further review available in the Alaska Supreme Court.

The Alaska Workers’ Compensation Board would provide former commission decisions and orders when someone requests them. This provision would cover former commission decisions and orders. Its decisions would stand in place of the board orders they reviewed. The act would require two-thirds votes in each chamber for its court-rule sections. Former commission decisions would guide later cases as legal precedent unless a court reverses or changes them. The text sets June 1, 2026, as the conditional start date for these provisions.