Alaska Workmen's Compensation Board v. Marsh

550 P.2d 805, 1976 Alas. LEXIS 305
CourtAlaska Supreme Court
DecidedMarch 8, 1976
Docket2449
StatusPublished
Cited by9 cases

This text of 550 P.2d 805 (Alaska Workmen's Compensation Board v. Marsh) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alaska Workmen's Compensation Board v. Marsh, 550 P.2d 805, 1976 Alas. LEXIS 305 (Ala. 1976).

Opinions

OPINION

CONNOR, Justice.

The question presented in this appeal is whether the Alaska Workmen’s Compensation Board correctly refused to entertain an applicant’s claim for compensation. In this instance the board refused to act because a civil action, based upon the same occurrence as the claim for workmen’s compensation, was pending in the superior court. The appellants urge that the board can properly withhold action, and thus they seek reversal of the superior court’s order remanding the case to the board for determination of appellee’s workmen’s compensation claim. Because of the amount of time already consumed in the litigation of this case, we announced our decision from the bench following consideration of the briefs and oral argument.1 We affirm the substance of the superior court’s order, and remand the case to the superior court for a further remand to the Alaska Workmen’s Compensation Board for a determination of appellee’s workmen’s compensation claim.

The factual and procedural background of this case is as follows. On March 14, 1971, Merlyn Marsh was struck and seriously injured by a lodge member at Lodge #1534, Loyal Order of the Moose, in Anchorage. Marsh had been working as a bartender at the Moose Lodge that evening, but it is not clear whether he was injured in the course of his employment.

Shortly after the incident, Marsh gave notice of his intent to claim compensation benefits. However, he did not pursue his compensation remedy at that time.2

Seven months later, on October 28, 1971, Marsh brought an action at law against Lodge #1534, Loyal Order of the Moose, in the superior court, alleging that his injuries were proximately caused by the negligence of the Moose Lodge. In response, the lodge filed an answer asserting, inter alia, that Marsh was injured in the course and scope of his employment and that his exclusive remedy lay before the workmen’s compensation board.

On March 7, 1973, pursuant to the letter-notice given to the board two years earlier, Marsh filed an application for adjustment of claim with the Alaska Workmen’s Compensation Board. In it he alleged that his injuries were received during the course of and within the scope of his employment with the Moose Lodge, and were, therefore, compensable under the Alaska Workmen’s Compensation Act. At that time, extensive discovery had already been completed in preparation for the civil suit [807]*807and the suit was nearly ready for trial in the superior court.

Two days later, on March 9, 1973, Marsh entered into a settlement agreement with the Moose Lodge, through its general liability carrier. The function of the agreement was basically to shift the litigation from the superior court to the compensation board, thus placing the burden of defense on the Lodge’s compensation carrier instead of its general liability carrier. Pursuant to the agreement, Marsh agreed to abandon any further action in the superior court and instead to assert his rights, if any, for benefits under the Alaska Workmen’s Compensation Act. In consideration therefor, the Moose Lodge agreed that if Marsh should not prevail in his compensation claim because of a determination that his injuries were not work related, he would nevertheless be paid $72,500 by the lodge through its general liability carrier. Further, the parties agreed that if Marsh’s injuries were determined by the board to be covered by the workmen’s compensation act, the suit in superior court would be dismissed.

On July 11, 1973, the board rendered a written decision and order, denying without prejudice Marsh’s application for adjustment of claim.3 Its decision was founded on two grounds. First, it construed Marsh’s claim as being, in effect, a request for declaratory relief on the issue of whether his injuries were work-related, citing the settlement agreement as evidence of the declaratory nature of the relief sought. Finding no authority in the workmen’s compensation act for declaratory relief, the board concluded it had no jurisdiction to entertain such applications. Second, the board stated that it would not take jurisdiction over a matter pending before the superior court, observing that it would be improper for it to pre-empt the jurisdiction of the superior court with regard to the controversy over Marsh’s employment status.

Marsh appealed from the August 2, 1973 order of the workmen’s compensation board, and requested that the case be remanded to the board for an adjudication on the merits. The superior court held that jurisdiction had been properly invoked before the board, and that the compensation claim should be heard by the board, with a determination of the coverage issue. The court also noted that it did not regard the board’s function in this case to be that of making a declaratory judgment.

The decision of the board rests on two conclusions of law: (1) that Marsh’s claim for compensation should be characterized as an action for declaratory relief, and (2) that the board did not have jurisdiction to hear Marsh’s compensation claim so long as he had a civil suit pending in superior court in which he sought relief for the same injuries. These conclusions represent legal, not factual, determinations. Hence the full review accorded to questions of law is the appropriate standard of review in this case. See Alaska State Housing Authority v. Sullivan, 518 P.2d 759, 760 (Alaska 1974); Hewing v. Alaska Workmen’s Compensation Bd., 512 P.2d 896, 898 (Alaska 1973); Laborers and Hod Carriers Union, Local No. 341 v. Groothuis, 494 P.2d 808, 812 (Alaska 1972); see also AS 44.62.570(b) (3).

(I)

Appellants assert that the superior court erred in ruling that Marsh’s application before the workmen’s compensation board was not in the form of an action [808]*808for declaratory relief. We disagree. Marsh was not merely seeking a declaration of his rights and duties without seeking execution of performance from the opposing party, as is the case in actions for declaratory relief.4 Pursuant to the settlement agreement, Marsh was to submit his claim to the board for full adjudication.5 If the board determined that his injuries occurred in the course of his employment as a bartender for the Moose Lodge, the board’s jurisdiction would necessarily become exclusive under AS 23.30.055, and Marsh’s sole remedy would lie under the workmen’s compensation act. The pursuit of any compensation claim for an employee’s injuries involves an initial determination of the employee status of the applicant. That the board might find that the injuries occurred outside the scope of employment, and that it might, therefore, determine that it lacked subject matter jurisdiction, does not render Marsh’s claim an action for declaratory relief.

(II)

Appellants contend that the settlement agreement is void as against public policy, and that the trial court erred in finding to the contrary. They maintain that whenever one carrier attempts to shift litigation by agreement from one forum to another where the burden of defense will fall upon a second carrier, a potential for overreaching exists.

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Alaska Workmen's Compensation Board v. Marsh
550 P.2d 805 (Alaska Supreme Court, 1976)

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Bluebook (online)
550 P.2d 805, 1976 Alas. LEXIS 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alaska-workmens-compensation-board-v-marsh-alaska-1976.