Holmberg v. State, Division Of Risk Management

796 P.2d 823 (Sup. Ct. Alaska 1990)

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Nature of the Case

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Facts

Holmberg (P) was employed by the State of Alaska’s Division of Risk Management. P had a history of back problems. P appealed a decision of the Alaska's Workers' Compensation Board that denied her permanent total disability. P appealed. While that appeal was pending, P sought benefits from the Public Employees Retirement Board. That Board determined that she was entitled to nonoccupational disability benefits but not to occupational benefits. P appealed that decision. The PERB reversed the finding that P was permanently and totally disabled as a result of accidents at work. P then sued Risk Management (D) in court. P argued that the AWCB decision must be reversed because preclusive effect of the PERB. The court affirmed the AWCB decision and P appealed