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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