C ATRIN MCKINLEY, Employee, Claimant,
v.
KENAI PENINSULA BOROUGH & SCHOOL DISTRICT, Employer,
And
ALASKA MUNCIPAL LEAGUE JOINT INSURANCE, Insurer, Defendants.
AWCB Decision No.21-0027
AWCB No. 201012918
Alaska Workers Compensation Board
March 24, 2021
INTERLOCUTORY
DECISION AND ORDER ON RECONSIDERATION
Judith
DeMarsh, Designated Chair.
Catrin
McKinley's (Employee) petition for reconsideration of
McKinley v. Kenai Peninsula Borough, AWCB Decision
No. 21-0016 (February 25, 2021) (McKinley II) was
heard on the written record in Anchorage, Alaska on March 24,
2021, a date selected on March 23, 2021. Employee's
petition gave rise to this hearing. Attorney J.C. Croft
represented Employee. Attorney Colby Smith represented Kenai
Peninsula Borough & School District (Employer).
McKinley v. Kenai Peninsula Borough, AWCB Decision
No. 201012918, July 28, 2020 (McKinley I) dismissed
Employee's August 23, 2017 claim under AS 23.30.110(c).
McKinley II denied Employee's petition for a
second independent medical examination (SIME) and dismissed
Employee's April 23, 2020 claim. The record closed at the
hearing's conclusion on March 24, 2021.
ISSUES
Employee
contends McKinley II made three legal errors. First,
that the Board contradicted itself and retroactively held
dismissal under AS 23.30.110(c) is a final judgment on the
merits for the purposes of res judicata. Second,
McKinley II held new medical evidence is required to
file a claim for benefits, and Employee presented none.
Finally, Employee contends McKinley II held Employee
did not present new medical evidence warranting a SIME and
dismissed her petition for one in error.
Employer
contends if McKinley II is going to be reconsidered,
it should be given an opportunity to address Employee's
contentions and requests a briefing deadline.
Should
reconsideration be granted solely to allow Employer's
response?
FINDINGS
OF FACT
A
preponderance of the evidences establishes the following
facts and factual conclusions:
1) The
factual findings of McKinley II are adopted...
