KEITH WILLIAMS, Employee, Claimant,
v.
SPAN-ALASKA TRANSPORTATION, LLC, Employer,
and
ALASKA NATIONAL INSURANCE, Insurer, Defendants.
AWCB Decision No. 21-0012
AWCB No. 201903871
Alaska Workers Compensation Board
February 17, 2021
INTERLOCUTORY
DECISION AND ORDER
Ronald
P. Ringel, Designated Chair.
Span-Alaska
Transportation, LLC’s January 7, 2021 petition for an
order awarding benefits already paid was heard on the written
record on February 16, 2021 in Anchorage, Alaska. This
hearing date was selected on February 3, 2021. Attorney
Martha Tansik represented Span-Alaska Transportation, LLC
(Employer). Keith Williams (Employee) did not file an
objection to Employer’s petition or submit a hearing
memorandum. The record closed at the hearing’s
conclusion on February 16, 2021.
ISSUE
Employer
contends it has paid benefits on behalf of Employee arising
from a March 5, 2019 work injury. Employer believes Employee
may have a cause of action against a third party for damages,
including the benefits Employer has paid on behalf of
Employee. Employer asks for an order compelling it to provide
the benefits it has already voluntarily paid so that it may
pursue an action against the third party. Employee did not
file a brief or argument in opposition to Employer’s
January 7, 2021 petition for an award of compensation.
Should
Employer’s January 7, 2021 request for an order
awarding benefits under AS 23.30.015 be granted?
FINDINGS
OF FACT
The
following relevant facts and factual conclusions are either
undisputed or are established by a preponderance of the
evidence:
1) On
March 5, 2019, Employee was delivering goods for Employer,
when he was struck by a forklift in the customer’s
warehouse. (First Report of Occupational Injury, March 29,
2019; Employer, Hearing Brief, February 9, 2021).
2)
Employer accepted the injury and voluntarily paid $75,005.88
in benefits under the Act. (Employer Benefit Summary).
3) On
January 7, 2021, Employer filed a petition for award of
benefits so that it can pursue legal action to recover the
benefits it has paid on Employee’s behalf from the
third party. (Petition, January 7, 2021).
4) A
prehearing conference was held on February 3, 2021. Employee
did not attend, and the Board designee was unable to contact
him by telephone. In the prehearing conference summary, the
designee explained that Employer was seeking an order that
would allow it to sue the third party if Employee did not.
The prehearing conference also informed Employee that a
written record hearing on Employer’s petition had been
set for February 16, 2021. The designee explained Employee
could file a written brief for the hearing, and explained how
to do so. The designee encouraged Employee to contact the
division’s office and speak with a workers’
compensation technician if he had any questions and provided...
