On Friday, Alaska's Supreme Court held back to the Alaska Workers Compensation Board an order for an employer to pay attorney fees which it turned out to be unreasonable and requested that the legal fees derive from a case where a tetraplegic was incorrectly denied a modified vehicle paid in his whole.
The state board had previously denied Bryce Warnke-Green's request that his employer Wasilla, Alaska-based Pro-West Contractors LLC pay a van adapted to accommodate his work-related disability and, in appeal, Alaska Workers Compensation Appeals Commission decided that a modifiable van was a replaceable health care, according to documents in Bryce Warnke-Green against Pro-West Contractors LLC and Liberty Northwest Insurance Co., filed at the Supreme Court of Alaska in Anchorage.
Mr. Warnke-Green moved for lawyer fees, which the Commission reduced the lawyer's hourly rate, withdrew some time indications, and awarded him less than half of what was requested, documented license. He then asked the Commission to reconsider its award, but it refused to do so because of its view that the state law allowed it to reconsider only the final decision on the nature of the appeal, according to judgment.
The state Supreme Court, in turn, granted the worker's petition for scrutiny and claimed that the Commission "clearly failed by lowering the hourly rate without proof that it was done and that it was abusing one's task (hours worked by a lawyer) was an abuse of discretion, "the ruling states.
The Commission "has the necessary temporary authority to reconsider its pending decisions. We also turn to the Commission's allocation of lawyer fees and remand at a price that is fully countervailable and reasonable," the ruling states.
A spokesman for Liberty Mutual Insurance Co. Speaking on behalf of her subsidiary named in legal case The company does not comment on legal issues. The contracting firm and the lawyers concerned could not be immediately reached for comment.