Brown v. Northwest Airlines, Inc.

444 P.2d 529, 1968 Alas. LEXIS 147
CourtAlaska Supreme Court
DecidedAugust 22, 1968
Docket901
StatusPublished
Cited by13 cases

This text of 444 P.2d 529 (Brown v. Northwest Airlines, Inc.) 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
Brown v. Northwest Airlines, Inc., 444 P.2d 529, 1968 Alas. LEXIS 147 (Ala. 1968).

Opinion

OPINION

RABINOWITZ, Justice.

This appeal arises out of the superior court’s affirmance of a decision of the Alaska Workmen’s Compensation Board which determined that appellant did not sustain any permanent disability arising out of and in the course of her employment.

Appellant was injured on September 3, 1963, while employed by appellee Northwest Airlines, Inc. According to appellant’s un-contradicted testimony, she was “rushing back to the pantry from the storeroom” when she “slipped on this piece of fat meat and it just twisted [her] around.” At the time of the fall appellant had been working for Northwest Airlines for seven years.

*530 Appellant’s claim for compensation was contested and a hearing was held before the Board on January 19, 1965. On May IS, 1965, the Board entered its first decision in the case awarding appellant temporary total disability payments from the date of injury to the date of hearing. In this decision the Board found that appellant “in. the course and scope of her employment, slipped and fell at her job and injured her back. That this injury was an aggravation of a preexisting condition and that this aggravated condition continued without abatement to the date of the hearing * * As part of this decision, the Board ordered the applicant to be examined by Dr. Thomas Kies-ter in order to determine “the nature, degree and extent of this injury.”

At the first hearing counsel for appellant had requested the Board to withhold any decision on the question of appellant’s permanent disability until a psychiatric report was furnished. 1 At the hearing counsel explained the necessity for this psychiatric evaluation in the following manner: “[S]ome of the doctors have said this is, they think, primarily due to a functional overlay which poses a traumatic neurosis. I am trying to pin it down.” To this statement appellees’ counsel replied: “I see. We’ll have to have further reports on that before the Board can make a decision.”

Subsequent to the rendition of the Board’s May 13, 1965, decision appellees appealed to the superior court, where, upon stipulation of the parties the appeal was subsequently dismissed. On March 17, 1966, a second hearing was held. This hearing consisted almost exclusively of arguments of counsel with the exception of a very limited examination of appellant. In addition to the evidence which had been received in conjunction with the first hearing, the Board had for consideration a January 21,1965, psychiatric report of Dr. William J. Rader, as well as the medical report of Dr. Thomas E. Kiester dated October 20, 1965. At the conclusion of this abbreviated hearing, appellees’ counsel stated that the Rader and Kiester reports “speak pretty much for themselves * * * and the Board should evaluate them as to Mrs. Brown.” A second decision, dated May 19, 1966, was thereafter handed down by the Board. In this decision, the Board found

that the applicant’s complaints and disabilities as of January 19, 1965 [the time of the first hearing] and thereafter were not due to, or caused by, or incident to, and did not arise out of the fall she suffered while working for defendant Northwest Airlines, Inc. on September 3, 1963. The Board finds no residual permanent partial or other disability related to said fall on September 3, 1963, and finds further that there were no work-connected or work-aggravated residual disabilities after January 19, 1965.

Based on the foregoing, the Board reached the conclusion that appellant was not entitled to any compensation after January 19, 1965, because “her disabilities as of January 19, 1965, and thereafter did not arise out of and in the cause of her employment.”

Appellant then appealed the Board’s second decision to the superior court. There appellant contended that she was “entitled to an award * * * finding her permanently, totally disabled on a psychiatric basis as a result of her injury suffered in the course and scope of her employment.” *531 In affirming the decision of the Board, Judge Fitzgerald wrote in part:

Dr. Rader’s report * * * does not say that the fall was the cause of her disability. If the entire report of Dr. Rader is taken into consideration along with the report of Dr. Kiester, and the limited evidence taken at the hearing I conclude that there was substantial evidence supporting the decision made by the Board.

In her appeal to this court, appellant argues that the superior court erred in its af-firmance of the Board’s order because the decision is not supported by substantial evidence. Paralleling this contention is appellant’s argument that “[t]he sole evidence presented the Board was that the claimant was functionally disabled totally by reason of mental or nervous disorder precipitated by her physical injury on September 3, 1963 * * * and that no evidence to the contrary was presented by the employer.”

In Keiner v. City of Anchorage, 2 we held, in regard to an administrative board’s ruling, that:

In dealing with this issue we apply the rule that the board’s findings should not be reversed if in the light of the whole record they are supported by substantial evidence, i. e., such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

We have adhered to the substantial evidence criterion which was adopted in Keiner in subsequent workmen’s compensation decisions. 3 Although the proper standard for review is free from doubt, application of this review criterion to the case at bar is frustrated by the inadequacies of the findings of fact which were filed by the Board in regard to its second decision. In several prior opinions, this court has discussed the question of the necessity for, and the character of, findings of fact which are required of the Board. In Morrison-Knudsen Co. v. Vereen, 4 we said that “[ujnder our Administrative Procedure Act, a decision of the Board is required to contain findings of fact.” 5 Vereen is in conformity with our earlier opinion in Manthey v. Collier 6 where it was said that:

The written decision of the Board contains no such findings. We interpret section 19 of the Administrative Procedure Act to require such findings. The Board abused its discretion in failing to follow the mandate of the act. The superior court should have, in the proper exercise of its review jurisdiction, set aside the Board’s order and remanded the case for adequate findings. In not doing so, the court committed reversible error.

Manthey has recently been followed in Fischback & Moore of Alaska, Inc. v. Lynn 7 where the modification-of-awards section of the Alaska Workmen’s Compen *532 sation Act was in dispute.

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Bluebook (online)
444 P.2d 529, 1968 Alas. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-northwest-airlines-inc-alaska-1968.