Elardo v. Walmart, Inc., 070219 AKWC, 19-0072

Docket Nº:AWCB Decision 19-0072
Case Date:July 02, 2019
Court:Alaska
 
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SEVERINO D. ELARDO III, Employee, Claimant,
v.
WALMART, INC., Employer,
and
NEW HAMPSHIRE INSURANCE CO., Insurer, Defendants.
AWCB Decision No. 19-0072
AWCB No. 201511371
Alaska Workers’ Compensation Board
July 2, 2019
          FINAL DECISION AND ORDER ON MODIFICATION           Jung M. Yeo, Designated Chair.          Walmart Inc.’s (Employer) June 26, 2019 request for clarification was heard on the written record on July 2, 2019, in Anchorage, Alaska, a date selected on July 1, 2019. The June 26, 2019 request gave rise to this hearing. Attorney J.C. Croft represents Severino Elardo (Employee). Attorney Vicki Paddock represents Employer. The record closed at the hearing’s conclusion on July 2, 2019.          ISSUE          Elardo v. Walmart, Inc., AWCB Decision No. 19-0057 (May 8, 2019) (Elardo I), found Employee was entitled to legal costs but did not order a specific amount. Employer contends Elardo v. Walmart, Inc., AWCB Decision No. 19-0062 (May 31, 2019) (Elardo II), should have awarded Employee 6.25 hours of paralegal services and 1.8 hours of legal assistant services, instead of 10.90 hours of paralegal services and one hour of legal assistant services.          Employee’s time to respond to Employer’s request has not yet expired. Therefore, its position on Employer’s request is unknown. This decision presumes Employee opposes the request.          Should Elardo II be modified on the legal costs issue?          FINDINGS OF FACT          All findings in Elardo I and Elardo II are incorporated. The following additional relevant facts are undisputed or established by a preponderance of the evidence:          1) Elardo I had found that Employee was entitled to legal costs but did not order a specific amount. It found the coversheet of the March 22, 2019 affidavit of attorney services contained several inconsistencies. (Elardo I).          2) Elardo II clarified to state Employee was entitled to $5,889.01 in costs based on 10.90 hours of paralegal services and 1.00 hour of legal assistant services as set forth in the coversheet of the March 22, 2019 affidavit of attorney services. (Elardo II).          3) There is a discrepancy with regard to...

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