12-0017. PENNY D. BARKER Employee Petitioner v. FRED MEYER STORES INC. Employer (Self-Insured) Respondent.
Court | Alaska |
Alaska Workers Compensation Decisions
2012.
Workers' Compensation Board
12-0017.
PENNY D. BARKER Employee Petitioner v. FRED MEYER STORES INC. Employer (Self-Insured) Respondent
Alaska Workers' Compensation Appeals
Commission PENNY D. BARKER
Employee, Petitioner v. FRED MEYER STORES, INC. Employer, (Self-Insured),
RespondentAWCB Decision
No. 12-0017Filed with AWCB Anchorage,
Alaskaon January 24, 2012AWCB Case No. 200812775MFINAL DECISION AND
ORDER ON RECONSIDERATION On December 21, 2011, Interlocutory Decision and Order, AWCB
Decision No. 11-0179 (Barker I) was issued. On January 10,
2012, Penny D. Barker (Employee) filed a petition for reconsideration in part.
Employee is represented by her husband, non-attorney representative, Michael
Barker. Fred Meyer Stores, Inc, (Employer) is represented by Attorney Michelle
Meshke.
ISSUES
Employee seeks reconsideration of that part of Decision No.
11-0179 which determined the report of Employer's Medical Evaluation (EME) by
Thad Stanford, M.D., should not be stricken from the record. Employee reasserts
her position at hearing, namely the report is factually inaccurate and Dr.
Stanford is not credible. Employer has not opposed the petition but it is
presumed Employer disagrees with Employee's petition and asserts the decision
not to strike the EME from the record is a correct and proper decision.
Should AWCB Decision No. 11-0179 (December 21, 2011) be
reconsidered in part?
FINDINGS OF
FACT
Barker I's findings of fact and factual
conclusions are adopted herein by reference. The preponderance of the evidence
as a whole establishes the following additional facts and factual
conclusions:
1) On December 22, 2011, AWCB Decision and Order No. 11-0179
was issued by certified mail, denying, in part, Employee's request to strike
Dr. Stanford's EME report (record).
2) On January 10, 2012, Employee filed a petition seeking
reconsideration in part of Decision and Order No. 11-0179 (record).
PRINCIPLES OF LAW
AS 44.62.540. Reconsideration. (a) The agency may order a reconsideration of all or part of the case on its own motion or on petition of a party. To be considered by the agency, a petition for reconsideration must be filed with the agency within 15 days after delivery or mailing of the decision. The power to order reconsideration expires 30 days after the delivery or mailing of a decision...
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