2009-106. Bradford T. Wilson Appellant vs. Trena Heikes Director Division of Workers' Compensation Intervenor and Eastside Carpet Co. and AIG Claim Services Appellees.

• Case Date: May 04, 2009
• Court: Alaska

Alaska Workers Compensation Decisions 2009. Workers' Compensation Appeals Commission 2009-106. Bradford T. Wilson Appellant vs. Trena Heikes Director Division of Workers' Compensation Intervenor and Eastside Carpet Co. and AIG Claim Services Appellees Alaska Workers' Compensation Appeals CommissionBradford T. Wilson, Appellant, vs. Trena Heikes, Director, Division of Workers' Compensation, Intervenor, and Eastside Carpet Co. and AIG Claim Services, Appellees.Decision No.106May 4, 2009AWCAC Appeal No. 08-013 AWCB Decision No. 08-0043 AWCB Case No. 200709372Memorandum Decision and Order on Director's Request for Clarification Appeal from Alaska Workers' Compensation Board Decision No. 08-0043, issued at Anchorage, Alaska, on March 5, 2008, by southcentral panel members Janel Wright, Chair, Patricia Vollendorf, Member for Labor, and Janet Waldron, Member for Industry. Appearances: Joseph A. Kalamarides, Kalamarides and Lambert, for appellant Bradford T. Wilson. Colby Smith, Griffin and Smith, for appellees Eastside Carpet Co. and AIG Claim Services. Richard A. Svobodny, Acting Attorney General, and Erin Pohland, Assistant Attorney General, for intervenor Trena Heikes, Director, Division of Workers' Compensation. Commission proceedings: Appeal filed April 3, 2008. Appellant's request for extension of time to file opening brief granted June 19, 2008. Order denying appellant's motion to certify appeal to the Supreme Court issued July 16, 2008.(fn1) Appellees' request for extension of time to file brief partially granted August 18, 2008. Appellees' request for extension of time granted August 28, 2008. Oral argument on appeal presented November 4, 2008. Motion to Intervene filed by the Director on February 20, 2009, and granted on March 4, 2009. Motion for Reconsideration filed March 13, 2009; opposed by appellant March 18, 2009. Appellees' limited non-opposition to the motion for reconsideration filed March 18, 2009. Notice of decision and order denying reconsideration and announcing clarification issued April 3, 2009.Appeals Commissioners: Philip Ulmer, David Richards, Kristin Knudsen.This decision has been edited to conform to technical standards for publication. By: Kristin Knudsen, Chair. Appellant Bradford Wilson sought a compensation rate adjustment because of the disparity between his actual hourly wage when he was injured and his "spendable weekly wage at the time of injury" calculated under AS 23.30.220(a)(4), which was based entirely on past self-employment income. The commission held that the board improperly applied AS 23.30.220(a)(4) to Wilson's calculation of his spendable weekly wages.(fn2) Shortly after the commission's decision was issued, the director intervened pursuant to AS 23.30.127(a), seeking reconsideration. The director has the right to intervene at any stage of proceedings before the commission in the interest of preserving the "quick, efficient and fair" operation of the workers' compensation system as a whole. Responding to the practical demands on the workers' compensation system is peculiarly the director's responsibility. When the commission permits appeals on motion for extraordinary review, it is not uncommon that the commission...