12-0091. DAMION A. WARD, Employee, v. ARCTIC PREDATORS PROFESSIONAL INDOOR FOOTBALL, LLC, Employer, and ALASKA WORKERS' COMPENSATION BENEFITS GUARANTY FUND, Defendants.

Court:Alaska
 
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Alaska Workers Compensation Decisions 2012. Workers' Compensation Board 12-0091. 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.INTERLOCUTORY DECISION AND ORDER ON RECONSIDERATIONAWCB Case No. 201006673Filed with AWCB Anchorage, Alaska on May 24, 2012AWCB Decision No. 12-0091The 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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