Alaska Supreme Court
Theodore D. Morrison v. Alaska Interstate Construction Inc. and Skw Eskimos, Inc.
April 19, 2019440 P.3d 224
Summary
The court reversed the Appeals Commission and reinstated the Board’s determination that the 2014 workplace injury was the substantial cause of Morrison’s need for medical treatment. It held that the 2005 amendments did not exclude injuries producing only increased symptoms, modified the last injurious exposure rule to permit liability to shift to an earlier employer, and required the Board—not the Commission—to weigh competing causes and evidence. The court concluded that the Board correctly applied the amended causation standard and supported its decision with substantial evidence.