12-0080. WILLIAM HUNTLEY Employee v. ALASKA RAILROAD CORPORATION Self-insured Employer and POINTSURE Its Workers' Compensation Insurance Adjuster Defendants.
Court | Alaska |
Alaska Workers Compensation Decisions
2012.
Workers' Compensation Board
12-0080.
WILLIAM HUNTLEY Employee v. ALASKA RAILROAD CORPORATION Self-insured Employer and POINTSURE Its Workers' Compensation Insurance Adjuster Defendants
ALASKA WORKERS' COMPENSATION
BOARDP.O. Box 115512 Juneau, Alaska 99811
-5512WILLIAM HUNTLEY, Employee,
Applicant, v. ALASKA RAILROAD CORPORATION, Self-insured Employer, and
POINTSURE, Its Workers' Compensation Insurance Adjuster,
Defendants.AWCB
Decision No. 12-0080Filed with AWCB
Fairbanks, Alaskaon April 30th, 2012AWCB Case No. 200701722INTERLOCUTORY DECISION AND ORDERWilliam Huntley's (Employee), July 13, 2011 Petition for Review
of the Reemployment Benefits Administrator's designee's (RBA designee) decision
finding Employee ineligible for reemployment benefits was heard on February 2,
2012, in Fairbanks, Alaska. Employee appeared and was represented by his
attorney Chancy Croft. Attorney Joseph Cooper represented Self-insured Employer
Alaska Railroad Corporation and Pointsure (Employer). The hearing proceeded
with a two-member panel, a quorum under AS 23.30.005(f). The record was held
open to receive the Employee's physical capacities evaluation (PCE), which was
received March 12, 2012. The record closed on April 6, 2012, when the panel
reviewed the PCE and deliberated.
ISSUES
Employee contends the rehabilitation specialist used the
incorrect job title of "seller/buyer" in assessing whether Employee was
eligible for reemployment benefits. Employee contends he performed the duties
of stocker, receiving and stocking goods, which involved heavy lifting, while
working for Big Ray's and Prospector Outfitters. Employee contends he is
incapable of performing the physical demands of all jobs he held in the ten
years prior to his May 3, 2007 work injury and requests an order reversing the
RBA designee's July 6, 2011 decision finding him ineligible for reemployment
benefits. Employee further contends the RBA designee abused her discretion when
she denied Employee's request for a formal conference with the RBA before
issuing her determination on eligibility for reemployment benefits.
Alternatively, Employee contends the RBA designee's July 6, 2011 decision was
not complete, as "both sides point to errors," and "in the instance of justice
and fairness to all sides," the eligibility determination should be remanded to
the RBA designee for a full evaluation of all the relevant facts.
Employer contends the reemployment specialist used the
appropriate job descriptions and the RBA designee did not abuse her discretion
in finding Employee ineligible for reemployment benefits. Employer further
contends recent evidence discovered at Employee's January 11, 2012 deposition
shows Employee is currently performing light duty work, performed light duty
work in 1997, and is capable of performing light duty work. Employer seeks an
order upholding the RBA designee's July 6, 2011 finding Employee is not
eligible for reemployment benefits.
1) Did the RBA Designee abuse her discretion by finding
Employee ineligible for reemployment benefits under AS 23.30.041(e)?
2) Shall the determination of ineligibility for reemployment
benefits be remanded to the RBA designee for possible modification?
FINDINGS OF FACT
A review of the available record establishes the following
facts and factual conclusions by a preponderance of the evidence:
1) On May 3, 2007, Employee felt a sharp pain and burning
sensation in his left shoulder opening a valve with a steel pipe wrench while
working for Employer. (Report of Occupational Injury or Illness, October 9,
2009).
2) On March 9, 2011, Workers Compensation Technician Debra Reed
notified Employee Rehabilitation Specialist Connie Olson had been assigned to
complete an evaluation to determine whether Employee was eligible for
reemployment benefits. (D. Reed letter to Employee, March 9, 2011).
3) On April 19, 2011, Reemployment Specialist Connie Olson
submitted her initial eligibility evaluation. Ms. Olson identified the jobs
Employee had held in the 10 years preceding his injury as plumber, pipefitter,
and sporting goods manager/buyer:
EMPLOYMENT HISTORY
6/06-9/10 Employer: Alaska Railroad Corp.
Plumber*
DOT#:862.381-030 (see enclosed descr.)
Physical Demands: Heavy
Specific Vocational Preparation: (7) - Over 2 years and
Pipefitter
DOT#: 862.281-022
Physical Demands: Heavy
Specific Vocational Preparation: (and) - Over 2 years
*Mr. Huntley's duties included rough carpentry, hanging doors,
cabinet installation, and welding on the section houses as well as plumbing
duties.
9/05- 5/06 Pipefitter*
DOT#:862.281-022
Employer: TIC (The Industrial company)
Physical Demands: heavy
Specific Vocational preparation: (and) - Over 2 years
*Worked at Pogo Mine
6/99 - 9/05 Sporting goods manager/buyer
Employer: Big Rays Store
Salesperson, sporting goods
DOT#: 277.357-058
Physical Demands: Light
Specific Vocational Preparation: (5) - Over 6 months
and Purchasing Agent
DOT#: 162.157-038
Physical Demands: Light
Specific Vocational Preparation: (7) - Over 2 years
6/97-6/99 Same job as above for Prospector Outfitters
(C. Olson letter to M. Kemberling, April 19, 2011, at
3).
4) Based on her review of the medical records, case history and
her interviews with Employee, the rehabilitation specialist concluded
Employee's positions for Big Ray's and Prospector Outfitters were consistent
with the combined titles of sporting goods manager/buyer...
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