Alaska Supreme Court

Joseph D. Huit, Petitioner v. Ashwater Burns, Inc., Respondents

June 17, 20162016 Alas. LEXIS 80

Summary

The court held that the Workers’ Compensation Appeals Commission’s decision was not final for an appeal as of right because it remanded the compensability issue to the Board for further findings. The court treated Huit’s appeal as a petition for review, granted review, and held that the employer failed to rebut the presumption of compensability because its medical evidence did not establish that the work-related scratch could not have caused the infection or identify another source of the bacteria. The court reversed the Commission and remanded with instructions to reinstate the Board’s award.