- Burke v. Criterion General, Inc.
LABOR AND EMPLOYMENT
Adam Beyer
In Burke v. Criterion General, Inc., 499 P.3d 319 (Alaska 2021), the supreme court held that amendments to the Alaska Workers’ Compensation Act did not violate procedural or substantive due process in allowing project owners and contractors the use of the exclusive remedy defense. (Id. at 320). A worker’s estate had received ...
- Sumpter v. Fairbanks North Star Borough School District
LABOR AND EMPLOYMENT LAW
Peter Graham
In Sumpter v. Fairbanks North Star Borough School District, 494 P.3d 505 (Alaska 2021), the Supreme Court held that workers’ compensation presumption analysis does not weigh the evidence presented during the first two stages of a workers’ compensation claim. (Id. at 514). Rather, the evidence a defendant introduces to rebut a ...
- State, Department of Corrections v. Wozniak
EMPLOYMENT LAW
Clara Nieman
In State, Department of Corrections v. Wozniak, 491 P.3d 1081 (Alaska 2021), the supreme court held that an agency did not abuse its discretion in awarding attorneys’ fees as both a lump sum based on the attorney’s past work and ongoing statutory minimum fees based on future workers’ compensation benefits. (Id. at 1088). ...
- Murphy v. Fairbanks North Star Borough
EMPLOYMENT LAW
Sasha Kahn
In Murphy v. Fairbanks North Star Borough, 494 P.3d 556 (Alaska 2021), the supreme court held that, based on legislative history and intent, the two-year statute of limitations on disability claims under the Alaska workers’ compensation statute applies to impairment claims as well. (Id. at 566–69). A mechanic working for the Fairbanks North ...
- Luong v. Western Surety Co.
EMPLOYMENT LAW
Melissa Gustafson
In Luong v. Western Surety Co., 485 P.3d 46 (Alaska 2021), the supreme court held that under the Little Miller Act, “labor” is defined as the work that is necessary to and forwards the project secured by the payment bond, and “notice” is effective the date the notice is sent, not the date ...
- Werba v. Ass’n of Village Council Presidents
EMPLOYMENT LAW
Emma Giusto
In Werba v. Ass’n of Village Council Presidents, 480 P.3d 1200 (Alaska, 2021), the supreme court held that (1) trial courts have the discretion to allow parties to cure deficiencies in summary judgment motions, and (2) testimony that a former employee may have been deceived about the temporary nature of a new position ...
- Kennedy v. Anchorage Police & Fire Retirement System
EMPLOYMENT LAW
Daniel Clark
In Kennedy v. Anchorage Police & Fire Retirement System, 485 P.3d 1030 (Alaska 2021), the supreme court held that the Anchorage Municipal Codes require that court ordered damages or settlements be considered retroactive compensation in calculating retirement benefits; however, such retroactive compensation does not entitle retirees to accrue credited service for periods in ...
- Alaska State Commission for Human Rights v. United Physical Therapy
EMPLOYMENT LAW
Adam Beyer
In Alaska State Commission for Human Rights v. United Physical Therapy, 484 P.3d 599 (Alaska 2021), the supreme court held that the Alaska Workers’ Compensation Board acted reasonably when it interpreted the merits of a provider’s claim to require a review of the underlying medical care. (Id. at 606–07). The case arose after ...
- Buntin v. Schlumberger Technology Corp.
EMPLOYMENT LAW
Hannah Rogers
In Buntin v. Schlumberger Technology Corp., 487 P.3d 595 (Alaska 2021), the supreme court held that an employer is required to prove an exemption to the overtime provisions of the Alaska Wage and Hour Act (AWHA) by preponderance of the evidence and that the court must give AWHA exemptions a fair reading, rather ...
- Wilson v. State
EMPLOYMENT LAW
Daniel Clark
In Wilson v. State, 478 P.3d 1217 (Alaska 2021), the supreme court held that neither public employees nor their counsel must be given notice of the privilege against self-incrimination in advance of an interview wherein employees’ answers will be compelled under threat of the termination. (Id. at 1225–26). In March of 2016, the ...
