Civil Procedure Keyed to Cound
Holmberg v. State, Division of Risk Management
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The Plaintiff worked for the State of Alaska in the Division of Risk Management and had a long history of injuries. In 1988, the AWCB awarded her temporary total disability benefits, but denied her permanent total disability benefits. She appealed that decision to the superior court. The Plaintiff also sought disability benefits from the Public Employees Retirement System (PERS). The Division of Retirement and Benefits, which administered PERS, awarded her non-occupational disability benefits and denied her occupational disability benefits claim. However, on appeal of this claim, PERB found that the Plaintiff was permanently and totally disabled as a result of accidents at work and awarded her occupational disability benefits – a decision, which came after she appealed to the superior court on the AWCB decision. The Plaintiff supplemented the record in her AWCB appeal with the new PERB decision and argued that the AWCB decision be reversed because of the preclusive effect of the later PERB decision. The superior court affirmed the AWCB decision and Plaintiff appealed claiming that the PERB factual determinations should be binding in her appeal of the AWCB decision against her.
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