Alaska Supreme Court
Calvin L. McGahuey, Appellant v. Whitestone Logging, Inc. and Alaska Timber Insurance Exchange, Appellees
October 21, 20112011 Alas. LEXIS 108
Summary
The Alaska Supreme Court affirmed the Appeals Commission's decision upholding denial of McGahuey's workers' compensation claim. Although the Board and Commission improperly analyzed when the notice period began and the Board improperly considered credibility when deciding whether McGahuey established the preliminary presumption of compensability, those errors were harmless because the Board alternatively analyzed the merits. Substantial evidence supported the finding that McGahuey failed to prove that his hip, back, or ear conditions were work related.