McKean v. Municipality of Anchorage

783 P.2d 1169, 1989 Alas. LEXIS 159, 1989 WL 151007
CourtAlaska Supreme Court
DecidedDecember 8, 1989
DocketS-2494
StatusPublished
Cited by18 cases

This text of 783 P.2d 1169 (McKean v. Municipality of Anchorage) 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
McKean v. Municipality of Anchorage, 783 P.2d 1169, 1989 Alas. LEXIS 159, 1989 WL 151007 (Ala. 1989).

Opinions

OPINION

COMPTON, Justice.

Betty McKean (McKean) appeals from a judgment of the superior court which affirmed a decision and order of the Alaska Workers’ Compensation Board (Board). The Board held that McKean was precluded from requesting an adjustment of her average weekly wage because the amount of her disability benefits had previously been determined by the Board and therefore the doctrine of res judicata acted to bar further consideration of the issue. The principal question on appeal is whether the Board was correct in concluding that the doctrine of res judicata was applicable in a proceeding to determine permanent total disability where the initial average weekly wage determination was made in a proceeding to determine temporary total disability. We reverse.

I. FACTS AND PROCEEDINGS

McKean was hired by the Municipality of Anchorage (Municipality) as a bus driver in November 1977. Six months later McKean suffered a non-work related injury to her knee causing her to miss approximately one year of work. Within the first eight months after her return to work McKean sustained three successive work-related injuries. Her first injury occurred when the wind caught the bus door as she was trying to pull it closed. A doctor diagnosed McKean as having a mild sprain of the cervical spine and right shoulder. Two weeks later the wind once again caught the bus door as McKean was trying to close it and she resprained her spine and shoulder. The final injury occurred on February 19, 1980 when McKean fell on some ice while leaving her bus. The fall caused further injury to her spine.

The Municipality began paying McKean temporary total disability benefits after the February 1980 injury. It terminated McKean’s employment and benefits in May 1980. McKean requested a hearing before the Board. The Board, by decision and order dated September 23, 1982, determined that McKean was entitled to continuing temporary total disability benefits, under AS 23.30.220(3).

McKean’s temporary total disability status was converted to permanent total disability status in 1985 as a result of an agreement between McKean and the Municipality. McKean then applied to the Board for a redetermination of benefits to reflect her change of status. The Board concluded that the doctrine of res judicata precluded McKean from requesting further adjustment of her benefits. The superior court affirmed the Board’s decision. McKean appeals.

II. DISCUSSION

McKean argues that the Board erred in applying res judicata to bar her claim for adjustment of her compensation rate. She asserts that the categories of temporary total disability and permanent total disability serve different purposes and therefore may require separate compensation rate determinations.

The issue before us involves no dispute of fact. It concerns a question of law and an interpretation of the Alaska workers’ compensation statute in effect at the time the injuries were sustained. Where an issue turns on the interpretation of a statute, we are free to consider independently the proper application and interpretation of the statute. Hood v. State, Workmen’s Compensation Board, 574 P.2d 811, 813 (Alaska 1978).

The Board, the superior court and the parties use the term “res judicata” in its broad sense to include the doctrine of collateral estoppel. “The doctrine of ‘estoppel’ relates to the effect of a prior judgment as conclusively determining disputed issues which arise again in a second proceeding.” Jeffries v. Glacier State Tel. Co., 604 P.2d 4, 8 n. 11 (Alaska 1979).

Traditionally, the doctrine of res judicata developed in a judicial setting. 46 Am. Jur.2d Judgments §§ 394, 446 (1969). We [1171]*1171have held, however, that the doctrine “may be applied to adjudicative determinations made by administrative agencies.” Jeffries, 604 P.2d at 8. Furthermore, it is well-settled that res judicata may be applied to decisions of workers’ compensation boards. See, e.g., Thompson v. Schweiker, 665 F.2d 936, 940 (9th Cir.1982); Hazel v. Alaska Plywood Corp., 16 Alaska 642, 648 (D.Alaska 1957); Houser v. Southern Idaho Pipe & Steel, Inc., 103 Idaho 441, 649 P.2d 1197, 1202 (1982); 2 K. Davis, Administrative Law Treatise § 18.03 (1958); 3 A. Larson, The Law of Workmen’s Compensation § 79.72(a) (1983). Notwithstanding its general applicability, res judicata is not always applied as rigidly to preclude issues in workers’ compensation proceedings as it is in judicial proceedings. Thompson, 665 F.2d at 940; 3 A. Larson, supra.

Because the doctrine of res judicata is applicable to workers’ compensation proceedings, we must examine the facts to determine whether res judicata may be applied in this case. The following are the prerequisites to the proper application of the doctrine:

1. The plea of collateral estoppel must be asserted against a party or one in privity with a party to the first action;
2. The issue to be precluded from re-litigation by operation of the doctrine must be identical to that decided in the first action;
3.The issue in the first action must have been resolved by a final judgment on the merits.

Murray v. Feight, 741 P.2d 1148, 1153 (Alaska 1987).

The first prerequisite, McKean’s involvement in the first action, is easily satisfied in the present case. McKean was obviously a party to the first benefit determination and she is the one against whom the doctrine of res judicata is now being asserted.

The second prerequisite, however, is not satisfied. The issue which the Board found to be precluded from relitigation in the 1986 Board proceeding by operation of collateral estoppel — McKean’s compensation rate — is not identical to the issue presented to the Board in the 1982 proceeding.

In the 1982 proceeding the Board determined three issues: (1) whether McKean was still disabled as a result of her work-related injuries and, if so, what was the extent of the disability; (2) whether McKe-an had failed to cooperate with rehabilitation; and (3) whether McKean’s compensation rate should be determined under former AS 23.30.220(2) or former AS 23.30.-220(3).1 The Board found that McKean was disabled as a result of her injuries and that she had not refused to cooperate with rehabilitation. Therefore, the Board concluded that McKean was entitled to continuing temporary total disability benefits. In addition, the Board determined that [1172]*1172McKean’s wage could not be fairly calculated using the average wage formula under AS 23.30.220(2). Therefore the Board calculated her benefits under AS 23.30.220(3).

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McKean v. Municipality of Anchorage
783 P.2d 1169 (Alaska Supreme Court, 1989)

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Bluebook (online)
783 P.2d 1169, 1989 Alas. LEXIS 159, 1989 WL 151007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckean-v-municipality-of-anchorage-alaska-1989.