SEVERINO D. ELARDO III, Employee, Claimant,
WALMART, INC., Employer,
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
M. Yeo, Designated Chair.
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.
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.
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
Elardo II be modified on the legal costs
findings in Elardo I and Elardo II are
incorporated. The following additional relevant facts are
undisputed or established by a preponderance of the evidence:
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
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).
There is a discrepancy with regard to...