2007-052. Teresa Gauthier d/b/a St. Mary's Assisted Living Home Appellant vs. State of Alaska Division of Workers' Compensation Appellee.

• Case Date: August 24, 2007
• Court: Alaska

Alaska Workers Compensation Decisions 2007. Workers' Compensation Appeals Commission 2007-052. Teresa Gauthier d/b/a St. Mary's Assisted Living Home Appellant vs. State of Alaska Division of Workers' Compensation Appellee Alaska Workers' Compensation Appeals CommissionTeresa Gauthier, d/b/a St. Mary's Assisted Living Home, Appellant, vs. State of Alaska, Division of Workers' Compensation, Appellee.Decision No. 052 August 24, 2007AWCAC Appeal No. 07-024 AWCB Decision No. 07-0059 AWCB Case No. 700001902Final Decision and Order Motion to allow a late filed appeal from Alaska Workers' Compensation Board Decision No. 07-0059, issued March 21, 2007, by the southcentral panel at Anchorage, Janel Wright, Designated Chair, Patricia A. Vollendorf, Member for Labor, Linda Hutchings, Member for Industry. Appearances: Joseph R. D. Loescher, Smith Alling Lane, P.C., for appellant Teresa Gauthier. Talis J. Colberg, Attorney General, and Larry McKinstry, Assistant Attorney General, for the State of Alaska, Division of Workers' Compensation.(fn1)Commissioners: Philip Ulmer,John Giuchiciand Kristin Knudsen.This decision has been edtted to conform to technical standards for publication. By: Kristin Knudsen, Chair. Teresa Gauthier asks the commission to accept her late filed appeal of a decision assessing penalties against an employer for failure to provide workers' compensation insurance for employees. Based on our reasoning in Berean v. Coeeman Brothers Timber Cutting, Inc.,(fn2) the commission denies the motion and dismisses Gauthier's appeal. Factual background. Teresa Gauthier, d/b/a St. Mary's Assisted Living Home was the subject of a Petition for Finding of Failure to Insure and Assessment of Civil Penalty filed by the Director of the Division of Workers' Compensation. The board held a hearing on the petition on February 22, 2007. Gauthier represented herself in the hearing; Investigator Richard Degenhardt represented the petitioner. The board determined that Gauthier had failed to secure insurance to pay workers' compensation benefits for her employees from December 26, 2005 through September 20, 2006. She was assessed a civil penalty of $16,650 for failure to secure workers' compensation insurance, and ordered to make payment within seven days of service of the board's order.(fn3) The board's decision was filed (issued) on March 21, 2007. The appeal to the commission. Gauthier, who is represented on appeal by an attorney, filed an appeal of the board's decision No. 07-0059 on May 23, 2007. Gauthier filed her appeal 63 days after the board issued its decision. Gauthier failed to file a motion to accept a late filed appeal with the appeal. A commission docket notice sent May 24, 2007, called this omission to the appellant's attention. On June 6, 2007, the appellant filed a motion to accept a late filed appeal. The motion was served on the Juneau office of the Attorney General by mail, posted by private postal meter. Therefore, opposition to the motion would be due seven days after service,(fn4) which was effective on receipt of the motion.(fn5) The Attorney General, through Assistant Attorney General McKinstry, filed an opposition to the appellant's motion on behalf of the State on June 19, 2007...