In D&D Services v. Cavitt,[1] the supreme court held that a decision remanded to the Alaska Workers’ Compensation Board (Board) by the Alaska Workers’ Compensation Appeals Commission (Commission) is not final for purposes of appeal to the supreme court, but nevertheless affirmed the Commission’s attorneys’ fees award. In 2017, Cavitt sought workers compensation from his previous employer D&D Services after needing new medical treatment for a 2015 workplace injury. The Alaska Workers’ Compensation Board largely denied Cavitt’s claim, but awarded him $500 in attorneys’ fees for success on two issues. Cavitt appealed to the Alaska Workers’ Compensation Appeals Commission, which remanded the decision to the Board for a determination of the time involved by Cavitt’s counsel on the successful issues and awarded Cavitt $6,000 in attorneys’ fees for the appeal. D&D Services appealed the Commission’s decision to the supreme court, arguing that the Commission erred in awarding Cavitt attorneys’ fees. The Court first found that under the Alaska Appellate Rules and Court precedent, Commission decisions remanding issues to the Board are not final for purposes of appeal, and therefore not appealable as a matter of right. The Court nevertheless continued to consider the petition’s merits under Alaska Appellate Rule 402(b)(1), since the attorneys’ fees award was a discrete issue that had already been briefed by the parties. In considering the Commission’s decision, the Court found that the Commission did not err by awarding Cavitt attorneys’ fees because a significant issue had been decided in his favor. Further, the Court held that the Commission’s $6,000 attorneys’ fees award was not manifestly unreasonable, given the Commission’s broad discretion to determine an appropriate fee based on the facts. The supreme court therefore affirmed the Commission’s attorneys’ fees decision, despite ruling that a decision remanded to the Alaska Workers’ Compensation Board by the Alaska Workers’ Compensation Appeals Commission is not final for purposes of appeal.
[1] 444 P.3d 165 (Alaska 2019).
