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.