(a) In case of total disability adjudged to be permanent 80 percent of the injured employee's spendable weekly wages shall be paid to the employee during the continuance of the total disability. If a permanent partial disability award has been made before a permanent total disability determination, permanent total disability benefits must be reduced by the amount of the permanent partial disability award, adjusted for inflation, in a manner determined by the board. Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two of them, in the absence of conclusive proof to the contrary, constitutes permanent total disability. In all other cases permanent total disability is determined in accordance with the facts. In making this determination the market for the employee's services shall be
(1) area of residence;
(2) area of last employment;
(3) the state of residence; and
(4) the State of Alaska.
(b) Failure to achieve remunerative employability as defined in AS 23.30.041(r) does not, by itself, constitute permanent total disability.
Structure Alaska Statutes
Title 23. Labor and Workers' Compensation
Chapter 30. Alaska Workers' Compensation Act
Article 5. Computation of Compensation.
Sec. 23.30.175. Rates of compensation.
Sec. 23.30.180. Permanent total disability.
Sec. 23.30.185. Compensation for temporary total disability.
Sec. 23.30.187. Effect of unemployment benefits.
Sec. 23.30.190. Compensation for permanent partial impairment; rating guides.
Sec. 23.30.195. Survival of the right to compensation.
Sec. 23.30.200. Temporary partial disability.
Sec. 23.30.205. Injury combined with preexisting impairment.
Sec. 23.30.215. Compensation for death.
Sec. 23.30.220. Determination of spendable weekly wage.
Sec. 23.30.224. Coordination of benefits.
Sec. 23.30.225. Social security and pension or profit sharing plan offsets.