Alaska Supreme Court
Burke v. Houston Nana, LLC
January 8, 2010222 P.3d 851
Summary
The court affirmed the denial of excess chiropractic benefits but reversed the denial of temporary total disability benefits, reimbursement for travel to the hearing, and a reemployment eligibility evaluation. It held that the provider did not submit the statutorily required treatment plan, but that substantial evidence did not support finding Burke medically stable or able to work before his carpal tunnel surgery. The court also held that the board could not impose a discovery-based filing deadline for reemployment benefits through adjudication rather than rulemaking.