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What Presumptions Apply in Alaska?

27 Feb, 2025 Frank Ferreri

                               

If you were looking for presumptions that are in place whenever a claim is filed in Alaska, you could find that information on Simply Research.

For a preview of what you can find there, we have you covered.

When the Presumption Applies

In a proceeding for the enforcement of a claim for workers' compensation in Alaska it is presumed, in the absence of substantial evidence to the contrary, that:

(1) The claim comes within the provisions of the state's workers' compensation law.

(2) Sufficient notice of the claim has been given.

(3) The injury was not proximately caused by the intoxication of the injured employee or proximately caused by the employee being under the influence of drugs unless the drugs were taken as prescribed by the employee's physician.

(4) The injury was not occasioned by the willful intention of the injured employee to injure or kill self or another.

Excusable Delay

If delay in giving notice is excused by the board, the burden of proof of the validity of the claim shifts to the employee.

When the Presumption Does Not Apply

The presumption of compensability does not apply to a mental injury resulting from work-related stress.

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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