12-0015. ALEXSEY N. TOLMACHEV Employee Respondent v. CARLILE TRANSPORTATION SYSTEMS Employer and TRAVELERS INSURANCE COMPANY Insurer Petitioner.

Court:Alaska
 
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Alaska Workers Compensation Decisions 2012. Workers' Compensation Board 12-0015. ALEXSEY N. TOLMACHEV Employee Respondent v. CARLILE TRANSPORTATION SYSTEMS Employer and TRAVELERS INSURANCE COMPANY Insurer Petitioner Alaska Workers' Compensation Appeals Commission ALEXSEY N. TOLMACHEV, Employee, Respondent, v. CARLILE TRANSPORTATION SYSTEMS, Employer, and TRAVELERS INSURANCE COMPANY Insurer Petitioner.AWCB Decision No. 12-0015Filed with AWCB Anchorage, Alaskaon January 20, 2012AWCB Case No. 201100977FINAL DECISION AND ORDERCarlile Transportation System' and Travelers Insurance Company's (collectively "Carlile) December 20, 2011 petition for an order awarding benefits already paid was heard on January 19, 2012 in Anchorage, Alaska. Alexsey N. Tolmachev represented himself, appeared, and testified. Attorney Jeffrey Waller appeared and represented Carlile. Galina Kudrin participated as interpreter. The record closed on January 19, 2010. ISSUES Carlile contends it is entitled to an order awarding Mr. Tolmachev benefits it has already paid him. Carlile contends such an order is necessary to allow it to pursue legal action against a third party who may be liable for Mr. Tolmachev's injuries in the event he does not pursue legal action himself. Mr. Tolmachev intends to pursue the matter himself, but he agreed the order Carlile seeks is appropriate. Shall Carlile's petition for an award of compensation be granted? FINDINGS OF FACT A preponderance of the evidence on review of the entire relevant record supports the following factual findings: 1. While working for Carlile on January 24, 2011, Mr. Tolmachev was in a motor vehicle accident in which he was hit by a third party driver. (Report of Occupational Injury or Illness, January 25, 2011; Tolmachev). 2. Mr. Tolmachev suffered a head injury as a result of the accident. (Id.). 3. Carlile accepted the claim and paid medical expenses and indemnity benefits. (Record). Mr. Tolmachev may require future treatment for the injury. (Tolmachev). 4. Carlile alleges the third party driver may be liable for Mr. Tolmachev's injuries. (Emergency Petition, December 20, 2011). 5. On December 20, 2011, Carlile filed a Petition for an Order Awarding Compensation under AS 23.30.015(b) to preserve its right to seek reimbursement of benefits paid to or on behalf of Mr. Tolmachev from the potentially liable third party. (Id.). 6. As no prehearing conference had been held, the designated chair explained to Mr.Tolmachev why Carlile was seeking the order. (Record). 7. Mr. Tolmachev stated that he had retained an attorney for a...

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