Tolbert v. Alascom, Inc.

973 P.2d 603, 1999 Alas. LEXIS 36, 1999 WL 35768
CourtAlaska Supreme Court
DecidedMarch 19, 1999
DocketS-8038
StatusPublished
Cited by25 cases

This text of 973 P.2d 603 (Tolbert v. Alascom, 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
Tolbert v. Alascom, Inc., 973 P.2d 603, 1999 Alas. LEXIS 36, 1999 WL 35768 (Ala. 1999).

Opinion

OPINION

BRYNER, Justice.

Daretha Tolbert filed four workers’ compensation claims against her employer, Alas-com, Inc., alleging work-related injuries to her hands. The Alaska Workers’ Compensation Board denied these claims, finding that Tolbert either had shown no compensable injury or had failed to prove that her injuries were work related. The superior court affirmed. As to three of the claims, we conclude that Tolbert presented sufficient evidence to raise a presumption of work-related injuries and that Alascom failed to rebut this presumption.

I. FACTS AND PROCEEDINGS

A. Tolbert’s Original Claim

Daretha Tolbert began working for Alas-com in 1982 as a telephone operator. Her job required at least some repetitious use of a keyboard, although the parties dispute how much keyboarding was involved. Between 1982 and 1989, she developed bilateral carpal tunnel syndrome, requiring her to undergo multiple carpal tunnel release surgeries. Tolbert sought to recover workers’ compensation for what she maintained was a job-related impairment.

The Board found that her claims were barred by AS 23.30.100(a) and (d) as a result of her delay in notifying Alascom that her injuries were job related. The superior court affirmed the Board’s decision in July 1991; we affirmed the superior court’s holding in March 1992.

B. Tolbert’s Subsequent Claims in 1992- 1991

Although our March 1992 decision affirming the denial of Tolbert’s original claim barred her from any potential recovery based on her existing carpal tunnel syndrome, it did not bar her from claiming benefits for subsequent work-related incidents that aggravated her condition or caused new injuries to her hand. Between 1992 and 1994, Tolbert filed four claims with the Board, alleging that her continued work with Alas-com aggravated her existing hand condition or otherwise hurt her hands.

In one claim, Tolbert reported a mishap at work in June 1992 in which an opening door slammed against her right hand. In three other claims, she asserted that repetitive hand movements required by her keyboarding job caused her to experience pain, numbness, and swelling in her hands in February of 1993 and on June 1 and 14,1994. In these latter claims, Tolbert alleged permanent impairment in the form of tendinitis or aggravation of her carpal tunnel syndrome; she sought reimbursement for medical care related to these problems and benefits for temporary total and permanent partial disability. Following a hearing, the Board denied all of her claims. The superior court affirmed. Tolbert appeals.

II. DISCUSSION

A. Standards of Review

When the superior court has acted as an intermediate court of appeal, we review the merits of the administrative agency’s decision without deference to the superior *607 court’s decision. 1 We review questions of law involving agency expertise under the “reasonable basis” test 2 and those not involving any particular • expertise under the substitution of judgment standard. 3 And we review determinations of fact by an administrative agency under the “substantial evidence” standard, 4 but consider “[t]he question of whether the quantum of evidence is substantial [to be] a legal question.” 5

B. The Board Did Not Err in Denying TolheH’s Claim for the 1992 Injury.

Tolbert alleged that her right hand was injured in June 1992 by an opening door. She sought compensation for medical payments and an award of benefits for permanent partial disability. The Board held that Tolbert had raised a presumption of com-pensability as to this claim by showing that she had suffered either a contusion or a possible aggravation of tendinitis; the Board further found that Alascom had failed to overcome this presumption. The Board nevertheless declined to award Tolbert any benefits, concluding that she had failed to produce sufficient evidence to support an award.

1. The Board did not err in denying medical benefits to Tolbert.

The only evidence Tolbert presented to prove medical expenses stemming from her June 1992 injury consisted of her own testimony; she offered little more than a recounting of the money she owed to certain medical providers. But Alaseom’s claims adjuster denied having ever received any of Tolbert’s medical bills. While the Board viewed the adjuster’s testimony as credible, it found Tolbert’s testimony both vague and lacking in documentary support. The Board further determined that, because Tolbert failed to submit the bills to Alascom at all, much less in the form required by 8 Alaska Administrative Code (AAC) 45.082(d), and, independently, because she failed to submit such bills to the Board, it lacked sufficient evidence upon which to base an award of medical benefits.

Tolbert argues that she did not fail to comply with 8 AAC 45.082(d), because that subsection only governs the form and not the time of submission of medical bills to the employer. According to Tolbert, the Board should have left the hearing record open to allow Tolbert to submit her medical bills in proper form. Alascom replies that Tolbert has waived the right to submit these bills by failing to request either a continuance of the hearing or that the record remain open so that medical bills could be submitted. We conclude that the record supports the Board’s ruling that Tolbert failed to present sufficient evidence on this issue.

A presumption of compensability applies to all workers’ compensation claims; 6 if the presumption remains unrebutted, the Board must find that the claim is compensa-ble. 7 The worker is thus freed from having to prove (1) that “but for” the employment the disability would not have occurred, and (2) that reasonable persons would regard the employment as a cause of the injury and attach responsibility to it. 8 But the presumption of compensability does not free an injured worker from the burden of introducing evidence as to the extent of the injury and the amount of medical expenses. 9 Allocation of this burden to the claimant makes sense because the extent of injury and amount of medical expenses are unique in each case, and the worker often has greatest *608 access to such information. 10 Because medical expenses are not presumed, a claimant has the burden of proving them by a preponderance of the evidence. 11

Tolbert failed to meet this burden.

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Bluebook (online)
973 P.2d 603, 1999 Alas. LEXIS 36, 1999 WL 35768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tolbert-v-alascom-inc-alaska-1999.