The Alaska Workers' Compensation Board issued a decision in Lawhorne v. Alaska Garden & Pet Supply, Inc., AWCB Decision No. 06-0213 (July 28, 2006), that reestablished an employer's right to controvert AS 23.30.041(k) reemployment stipend benefits during a reemployment eligibility evaluation.
The Supreme Court had long ago held that the presumption of compensability applies to reemployment benefits. Earlier Board panels complied and found that the presumption attached by v
The Board recently found that a post-settlement controversion of future medical benefits that relied on a pre-settlement medical opinion was invalid and in bad faith. Sanders v. Northstar Sand & Gravel, AWCB Decision No. 06-0206 (July 26, 2006). The employee in this case, Marty Sanders, incurred injuries to his low back. An Independent Medical Examination (IME) was performed. The IME physicians opined that Mr. Sander's low back condition was medically stable in early 2003 and