Alaska Supreme Court
Stephan C. Mitchell v. United Parcel Service and Liberty Mutual Fire Insurance Company
November 12, 2021498 P.3d 1029
Summary
The court held that UPS failed to rebut Mitchell’s presumption of permanent total disability as of April 1, 2004 because it did not provide vocational evidence showing that regularly and continuously available jobs accommodated the specific limitations identified in its medical evidence. The court also held that the Board did not abuse its discretion by denying reimbursement for the Dynesys surgery, given the FDA warning concerning its use and the surgery’s lack of long-term benefit. The disability determination was reversed and remanded for an award of permanent total disability benefits, while the surgery ruling was affirmed.