12-0038. IN THE MATTER OF THE PETITION FOR A FINDING OF THE FAILURE TO INSURE WORKERS' COMPENSATION LIABILITY AND ASSESSMENT OF A CIVIL PENALTY AGAINST, EDWIN A. MILNER; EDWIN A. MILNER dba GLACIER SEAMLESS GUTTER; Employer, Respondents.

Court:Alaska
 
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Alaska Workers Compensation Decisions 2012. Workers' Compensation Board 12-0038. IN THE MATTER OF THE PETITION FOR A FINDING OF THE FAILURE TO INSURE WORKERS' COMPENSATION LIABILITY AND ASSESSMENT OF A CIVIL PENALTY AGAINST, EDWIN A. MILNER; EDWIN A. MILNER dba GLACIER SEAMLESS GUTTER; Employer, Respondents IN THE MATTER OF THE PETITION FOR A FINDING OF THE FAILURE TO INSURE WORKERS' COMPENSATION LIABILITY AND ASSESSMENT OF A CIVIL PENALTY AGAINST, EDWIN A. MILNER; EDWIN A. MILNER dba GLACIER SEAMLESS GUTTER; Employer, Respondents.AWCB Decision No.12-0038Filed with AWCB Anchorage, Alaska on February 29, 2012AWCB Case No. 700003494FINAL DECISION AND ORDER ON RECONSIDERATION The Alaska Workers' Compensation Board issued its Final Decision and Order, AWCB Decision No. 12-0019, on January 26, 2012. On February 10, 2012, Edwin Milner dba Glacier Seamless Gutter (Employer) filed a Petition for Reconsideration. The matter was examined on the written record on February 28, 2012. ISSUES Should AWCB Decision No. 12-0019 (January 26, 2012) be reconsidered? FINDINGS OF FACT 1. On January 26, 2012, the Alaska Workers' Compensation Board issued its Final Decision and Order in this case, AWCB Decision No. 12-0019. 2. On February 10, 2012, Edwin Milner dba Glacier Seamless Gutter filed a Petition for Reconsideration. 3. The handwritten petition does not indicate whether a copy of it was served on the Special Investigations Unit of the Workers' Compensation Division (Division), the opposing party. 4. The Division did not file a response to Employer's reconsideration petition. 5. No action was taken on the petition for reconsideration. 6. The petition also alleges a mistake in Finding of Fact 34, which reads:
Installing siding, gutters and flashing is dangerous work, involving climbing ladders, and working with sharp tools and metals. Employees performing these duties were subject to expected hazards associated with general laboring and construction work, including sprains and strains, slip and fall injuries, and injuries related to use of hand and power tools and sharp metals. (Experience, judgment, observations, and inferences drawn therefrom).
7. Employer takes issue with the finding that installing siding, gutters and flashing is dangerous work. However, in support of its argument, Employer states "any work can be dangerous," and concedes...

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