Alaska Div. of Workers’ Comp. v. Titan Enterprises, LLC

The Alaska Workers’ Compensation Board fined an uninsured employers Titan Enterprises, LLC, Titan Topsoil, Inc. and CCO Enterprises (collectively, "Titan," all owned by Todd Christanson) a substantial amount because they had operated for a significant period of time without carrying statutorily required workers’ compensation insurance. On appeal, the Alaska Workers’ Compensation Appeals Commission affirmed part of the Board’s decision, but it reversed the Board on the amount of the fine and remanded the case to the Board for further proceedings. The employer then asked the Commission for an award of attorney’s fees as a successful party on appeal. The State, Division of Workers’ Compensation, which had initiated the Board proceedings, opposed the award on the basis that it, too, had been successful on a significant issue. The Commission awarded the employer full fees of approximately $50,000. The Division petitioned for review of the fee award, and the Supreme Court granted review. Because the Commission failed to consider the Division’s partial success in the appeal, it reversed the Commission’s decision and remanded for further proceedings. View "Alaska Div. of Workers' Comp. v. Titan Enterprises, LLC" on Justia Law