12-0079 recon. DAMION A. WARD Employee v. ARCTIC PREDATORS PROFESSIONAL INDOOR FOOTBALL LLC Employer and ALASKA WORKERS' COMPENSATION BENEFITS GUARANTY FUND Defendants.
Court | Alaska |
Alaska Workers Compensation Decisions
2012.
Workers' Compensation Board
12-0079 recon.
DAMION A. WARD Employee v. ARCTIC PREDATORS PROFESSIONAL INDOOR FOOTBALL LLC Employer and ALASKA WORKERS' COMPENSATION BENEFITS GUARANTY FUND Defendants
ALASKA WORKERS' COMPENSATION BOARDP.O. Box
115512 Juneau, Alaska 99811-5512 DAMION A. WARD, Employee, v. ARCTIC PREDATORS PROFESSIONAL
INDOOR FOOTBALL, LLC, Employer, and ALASKA WORKERS' COMPENSATION BENEFITS
GUARANTY FUND, Defendants.AWCB Decision No. 12-0079AWCB Case No. 201006673Filed with AWCB
Anchorage, Alaska on May 24, 2012INTERLOCUTORY DECISION AND ORDER ON RECONSIDERATIONThe decision and order in this case, AWCB Decision No. 12-0079,
was filed April 26, 2012. That decision and order granted Larson Chiropractic's
claim for fees for medical care provided to Damion Ward and ordered the Alaska
Workers' Compensation Guaranty Fund (Fund) to pay those fees. On May 4, 2012,
the Fund timely filed a petition for reconsideration of the decision and order.
The Fund contends that under AS 23.30.082(c), it is liable only for claims
filed by an employee and not claims filed by other parties.
ISSUE
Should Decision and Order No. 12-0079 be reconsidered under AS
44.62.540?,
FINDINGS OF FACT
The following findings of fact and factual conclusions are
established by a preponderance of the evidence:
1) The findings of fact in Decision and Order No. 12-0079 are
incorporated herein.
2) Decision and Order No. 12-0079 was filed April 26,
2012.
3) The Fund timely filed a petition for reconsideration of
Decision No. 12-0079 on May 4, 2012.
PRINCIPLES OF LAW
The Alaska Administrative Procedure Act at AS 44.62.540
provides, in part:
(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 a reconsideration expires 30 days after the delivery or mailing of a decision to the respondent. If no action is taken on a petition within the time allowed for ordering reconsideration, the petition is considered denied.
(b) The case may be reconsidered by the agency on all the pertinent parts of the record and the additional evidence and argument that are permitted. . . .
AS 23.30.082. Workers' compensation...
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