2008-082. Paul Pietro Appellant vs. Unocal Corp. Appellee.

• Case Date: June 26, 2008
• Court: Alaska

Alaska Workers Compensation Decisions 2008. Workers' Compensation Appeals Commission 2008-082. Paul Pietro Appellant vs. Unocal Corp. Appellee Alaska Workers' Compensation Appeals Commission Paul Pietro, Appellant, vs. Unocal Corp., Appellee.Decision No. 082 June 26, 2008AWCAC Appeal No. 08-009 and AWCAC Appeal No. 07-037 AWCB Decision Nos.08-0029, 07-0260 Case No. 199530232Memorandum Decision and Order Motion to Remove Appeal from Alaska Workers' Compensation Board Decision No. 070260, issued August 27, 2007, by southcentral panel members Darryl Jacquot, Chair, Janet Waldron, Member for Industry, and Robert Morigeau, Member for Labor, and Board Decision No. 08-0029, issued on reconsideration February 22, 2008, by southcentral panel members Darryl Jacquot, Chair, and Patricia Vollendorf, Member for Labor. Appearances: Michael J. Jensen, Jensen Law Office, for appellant Paul Pietro. Richard Wagg, Russell, Wagg, Gabbert and Budzinski, for appellee, Unocal Corporation. Proceedings: Appeal proceedings stayed in Appeal No. 07-037 to allow reconsideration of the board decision appealed issued October 19, 2007; Order lifting stay of proceedings issued March 19, 2008; status conference April 30, 2008; Order consolidating Appeal No. 07-037 with Appeal No. 08-009 issued May 9, 2008.Commissioners: David Richards, Philip Ulmer, Kristin Knudsen.This decision has been edited to conform to technical standards for publication. By: Kristin Knudsen, Chair. The appellant filed an appeal to the commission on September 26, 2007, from Alaska Workers' Comp. Bd. Dec. No. 07-0260. This appeal was assigned commission Appeal No. 07-037. The appellant also filed a petition for reconsideration, which was accepted by the board (Alaska Workers' Comp. Bd. Dec. No. 07-0300). On reconsideration, the board clarified that its decision in Decision No. 07-0260 to address the employee's claim that his skin cancer was the result of his employment (Alaska Workers' Comp. Bd. Dec. No. 08-0029).(fn1) This decision was also appealed to the commission; it was assigned Appeal No. 08-009. The appellant moved to consolidate the appeals and "remand" the appeals to the superior court on April 10, 2008.(fn2) In a status conference held by the commission chair April 30, 2008, the parties confirmed that Alaska Workers' Comp. Bd. Dec. No. 07-0260 was issued following remand from the superior court. The parties agreed that under the commission's decisions in Wolf Dental Serv, Inc. v. Wolf(fn3) and Thioeni vs. Consumer Electronic Serv.,(fn4) the commission should defer to the superior court's jurisdiction. Appellee did not object to removal of the claims originally decided in Paul D. Pietro v. Unocal Corp.,(fn5) to the superior court. The chair proposed that the commission should issue an order dismissing the appeal, conditioned upon reopening of Pietro v. Unocal Corp., Super. Ct. No. 3AN 05-12980 Civ., and deferring to the superior court's determination of the scope of its jurisdiction, if it found any part of the appeal was severable. In Wolf Dental Serv., Inc. v. Wolf, the commission said

the general rule [is] that a superior court decision remanding a matter to an administrative agency is not a final, appealable order. The superior court's order in this case does not contain an explicit retention of jurisdiction. However, since the court had sole and exclusive jurisdiction

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