12-0017. PENNY D. BARKER Employee Petitioner v. FRED MEYER STORES INC. Employer (Self-Insured) Respondent.

Court:Alaska
 
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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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