Collins v. Nana Regional Corp., Inc., 112718 AKWC, 18-0124

• Case Date: November 27, 2018
• Court: Alaska

SHEILA COLLINS, Employee, Petitioner, v. NANA REGIONAL CORPORATION, INC., Employer, and AMERICAN ZURICH INSURANCE COMPANY, Insurer, Defendants. AWCB Decision No. 18-0124 AWCB No. 201615256 Alaska Workers’ Compensation Board November 27, 2018           DECISION AND ORDER ON RECONSIDERATION OF INTERLOCUTORY DECISION AND ORDER           Janel Wright, Designated Chair          On October 30, 2018, Collins v. NANA Regional Corporation, AWCB Decision No. 18-0113 (October 30, 2018) (Collins I), denied Sheila Collins’ (Employee) petition for review of the board designee’s October 2, 2018 discovery order. On November 19, 2018, Employee requested reconsideration of Collins I. On November 27, 2018, Employee’s petition was heard on the written record in Anchorage, Alaska. This hearing date was set on the Board’s own motion on November 21, 2018. Non-attorney representative Barbara Williams represented Sheila Collins (Employee). Attorney Jeffrey Holloway represented Nana Regional Corporation, Inc. and American Zurich Insurance Company (Employer). The record closed on November 27, 2018.          ISSUE          Employee disputes the “portrayal of her arguments by the medical summaries” and contends the prehearing conference summaries have not created an adequate record. Employee requests reconsideration of Collins I.          The time in which Collins I may be reconsidered expires before Employer’s answer to Employee’s petition is due and Employer’s position is unknown. It is assumed Employer opposes reconsideration.          Should Collins I be reconsidered.          FINDINGS OF FACT          A preponderance of the evidence establishes the following facts and factual conclusions:

1) On October 30, 2018, Collins I was filed and served upon the parties. (Collins I.)

2) Collins I concluded the designee did not abuse his discretion when he denied Employee’s petition for a protective order to recover her Alaska Women’s Health records from the agency record. (Id.)

3) On November 19, 2018, Employee filed a petition for reconsideration of Collins I. (Request for Reconsideration on the October 30, 2018 Order AWCB 18-0113.)

4) November 19, 2018 is 20 days after October 30, 2018. (Observation.)

5) On November 19, 2018, in addition to other documents that were already in the record, Employee filed her October 17, 2018 affidavit. (Collins’ Filings, November 19, 2018.)

6) Employee’s October 17, 2018 affidavit was not a part of the written record when the designee issued his October 2, 2018 discovery order. (Record.)

...