Guerrissi v. State, Department Transportation, 123120 AKWC, 20-0120

• Case Date: December 31, 2020
• Court: Alaska

GREGORY THOMAS GUERRISSI, Employee, Claimant, v. STATE OF ALASKA, DEPARTMENT TRANSPORTATION Self Insured Employer, Defendant. AWCB Decision No. 20-0120 AWCB No. 201902745 Alaska Workers Compensation Board December 31, 2020          INTERLOCUTORY DECISION AND ORDER ON RECONSIDERATION           Judith DeMarsh, Designated Chair.          A second independent medical evaluation (SIME) was ordered in Guerrissi v. State of Alaska, AWCB Decision No. 20-0013 (March 16, 2020) (Guerrissi I). Guerrissi v. State of Alaska, AWCB Decision No. 20-0109, (December 4, 2020) (Guerrissi II), granted in part and denied in part Employee's petition to strike certain medical records from the SIME binders. Guerrissi II also awarded Employee attorney's fees. On December 14, 2020, Employer timely filed a petition for reconsideration of the award of attorney's fees.          ISSUE          Employer contends reconsideration is appropriate because AWCB Decision No. 20-0109 failed to follow the Alaska Supreme Court decisions in Adamson v. University of Alaska, 819 P.2d 886 (Alaska 1991), Childs v. Copper Valley Electrical Association, 860 P.2d 1184 (Alaska 1991) and Sulkosky v. Morrison-Knudsen, 919 P.2d 158 (Alaska 1996). Employer also contends this decision did not follow the plain language of AS 23.30.145(b).          Employee's position is unknown because the time for an answer to Employer's petition has not yet passed.          Should the award of attorney fees in Guerrissi II be reconsidered?          FINDINGS OF FACT          A preponderance of the evidence establishes the following facts and factual conclusions:

1) The findings of fact in Guerrissi II are incorporated herein.

2) Guerrissi II was issued December 4, 2020.

3) On December 14, 2020, Employer timely filed a petition for reconsideration of that part of Decision No. 20-0109 that ordered payment of attorney's fees.

         PRINCIPLES OF LAW          The Alaska Administrative Procedure Act at AS 44.62.540 provides:

(a) The agency may order a reconsideration of all or part of the case

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