Articles Posted in Labor & Employment Law

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This case arose out of disputed collective bargaining negotiations between City of Fairbanks and Public Safety Employees Association, AFSCME Local 803 (PSEA). PSEA was the labor representative for the City’s police and dispatch employees. The issue this appeal presented for the Alaska Supreme Court's review centered on whether the city council’s reconsideration and ultimate rejection of a labor agreement constituted an unfair labor practice under Alaska’s Public Employer Relations Act (the Act). An Alaska Labor Relations Agency (ALRA) panel concluded a violation occurred, and on appeal the superior court affirmed that ruling. The Supreme Court determined the record did not support a finding of bad faith on the city’s part, and because the failure to ratify the agreement alone could not be a violation of the Act, the Court reversed the superior court’s decision affirming the ALRA panel’s ruling. View "Public Safety Employees Association v. City of Fairbanks" on Justia Law

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Yong Kang lived in North Pole and rented a house from her son Benjamin. She once owned the house, but she sold it to Benjamin about nine months before the events underlying this dispute, because, as she explained, she was getting old and did not know how much longer she would be around. Kang lived in the house with her business partner, Chong Sik Kim. The two operated a massage business in the house called Lee’s Massage, and both had business licenses under that name. Kang asked a neighbor for help with major home repairs in exchange for a used pickup truck. The neighbor injured his wrist while working on the house. A few days later the two had a dispute and terminated their arrangement; Kang paid her neighbor $500 for his work. The neighbor later sought medical treatment for his wrist; he also filed a report of injury and a workers’ compensation claim with the Alaska Workers’ Compensation Board. Kang denied liability on several grounds, but the Board decided, after a hearing, that Kang was her neighbor’s employer for purposes of the Alaska Workers’ Compensation Act. Kang appealed to the Alaska Workers’ Compensation Appeals Commission, which affirmed the Board’s decisions. The Alaska Supreme Court held, however, that the evidence did not support a finding that the woman was her neighbor’s employer, and therefore reversed the Commission’s decision. View "Kang v. Mullins" on Justia Law

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Abigail Caudle was a 26-year-old apprentice electrician when she was electrocuted on the job while working for Raven Electric, Inc. Her mother sought workers’ compensation death benefits or other damages related to her daughter’s death. Acting on the advice of attorneys but representing herself, she brought a claim before the Alaska Workers’ Compensation Board, arguing in part that the Alaska Workers’ Compensation Act was unconstitutional because it inadequately compensated for her daughter’s life, particularly given the circumstances of her daughter’s death, and because it failed to consider her future dependency on her daughter. The Board denied her claim, and the Alaska Workers’ Compensation Appeals Commission affirmed the Board’s decision. The Commission also ordered the mother to pay the employer’s attorney’s fees and costs. The Alaska Supreme Court held that the mother’s constitutional rights are not violated by the Act. However, the Court reversed the Commission’s award of attorney’s fees. View "Burke v. Raven Electric, Inc." on Justia Law

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An asphalt plant operator threw a can at a driver waiting outside his truck to get his attention, striking him in the back. The driver dropped to his hands and knees after being struck, and went to an emergency room for medical treatment. The driver brought negligence and battery claims against the plant operator and his employer, but was awarded minimal damages after trial. The driver appealed, challenging several of the superior court’s decisions regarding jury instructions, evidentiary rulings, and pre- and post-trial orders. But because the Alaska Supreme Court found no error in the superior court’s decisions, it affirmed. View "Lindbo v. Colaska, Inc." on Justia Law

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In 2010, Corrections Officer Nelson Robinson was supervising a prison module of about 50 inmates at the Anchorage Correctional Complex, including Radenko Jovanov and Alando Modeste. Modeste approached Jovanov while he was in line for the telephone, and he told Jovanov that he wanted them to request placement in separate modules because Modeste was related by marriage to the victim of Jovanov’s crime. Modeste then punched Jovanov on the left side of the head and pushed his head into the wall, requiring Jovanov to obtain medical treatment for his injuries. Jovanov sued the Department of Corrections (DOC), Officer Robinson, and Modeste for his injuries, alleging: (1) the assault was foreseeable and therefore DOC should have prevented it; (2) Officer Robinson failed to respond promptly to the argument and prevent further injury to Jovanov; and (3) DOC was negligent in understaffing the prison unit and placing the officer’s desk out of view of the telephone. DOC counterclaimed for the cost of the medical treatment Jovanov received. The superior court granted summary judgment in favor of Jovanov against Modeste on the issue of liability, and in favor of DOC’s counterclaim for medical costs. The Alaska Supreme Court affirmed the superior court’s decision granting summary judgment in favor of DOC on Jovanov’s negligence claims against it; the assault was not foreseeable, and therefore DOC cannot be negligent on these grounds. Further, DOC’s staffing decisions and its placement of the guard’s duty station were immune policy decisions that could not form the basis of a negligence claim. The Supreme Court reversed the superior court’s grant of summary judgment in favor of DOC on its counterclaim against Jovanov for the cost of medical care provided to him and remand for further proceedings. The Court also remanded for further proceedings regarding Jovanov’s negligence claim against Modeste. View "Jovanov v. Dept. of Corrections" on Justia Law

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An employee continued to work for over ten years after a job-related knee injury but had multiple surgeries on her injured knee. Over time, her employer made several permanent partial impairment payments, and she was eventually determined to be permanently and totally disabled because of the work injury. She began to receive Social Security disability at about the same time she was classified as permanently and totally disabled for workers’ compensation. Her employer asked the Alaska Workers’ Compensation Board to allow two offsets to its payment of permanent total disability (PTD) compensation: one related to Social Security disability benefits and one related to the earlier permanent partial impairment (PPI) payments. The Board established a Social Security offset and permitted the employer to deduct the amount of previously paid PPI. The employee appealed to the Alaska Workers’ Compensation Appeals Commission, arguing that the Board had improperly applied one of its regulations in allowing the PPI offset and had incorrectly calculated the amount of the Social Security offset. She also brought a civil suit against the State challenging the validity of the regulation. The State intervened in the Commission appeal; the lawsuit was dismissed. The Commission reversed the Board’s calculation of the Social Security offset and affirmed the Board’s order permitting the PPI offset. The employer appealed the Commission’s Social Security offset decision to the Alaska Supreme Court, and the employee cross- appealed the PPI offset. The Court affirmed that part of the Commission’s decision reversing the Board’s calculation of the Social Security disability offset and reversed that part of the Commission’s decision permitting an offset for permanent partial impairment benefits. The case was remanded back to the Commission for further proceedings. View "Alaska Airlines, Inc. v. Darrow" on Justia Law

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The City of Houston, Alaska fired its police captain shortly before disbanding its police department. The captain claimed he was terminated in bad faith in order to stop ongoing investigations into city leaders. He challenged: (1) the superior court’s refusal to allow his claim under the Alaska Whistleblower Act; (2) a jury instruction stating that termination for personality conflicts did not constitute bad faith; and (3) an award of attorney’s fees and costs. The Alaska Supreme Court concluded that the court’s refusal to allow his claim under the Whistleblower Act, its decision to give the personality conflict instruction, and its award of attorney’s fees and costs were not erroneous and therefore affirmed. View "McNally v. Thompson" on Justia Law

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The superior court found no inconsistency in the jury verdict, and denied appellant Todeschi’s motion for a new trial. Finding no error in the superior court judgement, the Supreme Court affirmed. Appellee, a mine supervisor, suffered back injuries over the course of his career and required several surgeries. His employer terminated his employment following his request for an accommodation and his renewed pursuit of a three-year-old workers’ compensation claim. The supervisor sued, alleging breach of the covenant of good faith and fair dealing and unlawful discrimination based both on a disability and on his assertion of the workers’ compensation claim. The employer defended on grounds that the supervisor could no longer perform the essential functions of his job and had declined an offered accommodation; it also asserted that it was not liable for the workers’ compensation claim. A jury returned a special verdict finding the employer liable for breach of the covenant of good faith and fair dealing and awarding the supervisor $215,000 in past lost income, but finding in the employer’s favor on the supervisor’s other claims. The supervisor appealed, arguing the superior court erred when it: (1) denied his motion for a directed verdict on whether he has a disability; (2) denied his motion for judgment notwithstanding the verdict due to an inconsistency between the jury’s decisions of two of his claims; (3) declined to give a burden-shifting or adverse inference instruction based on alleged spoliation of evidence; and (4) raised a statute of limitations defense by way of a jury instruction. The employer cross-appealed, arguing that the superior court erred in excluding one of its witnesses. View "Todeschi v. Sumitomo Metal Mining Pogo, LLC" on Justia Law

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State employee Shirley Shea suffered from chronic pain and has been unable to work. She applied for occupational disability benefits, claiming that prolonged sitting at work aggravated a preexisting medical condition. The Division of Retirement and Benefits denied the claim. An administrative law judge affirmed that decision, determining that employment was not a substantial factor in causing Shea's disability. On appeal, the superior court reversed the administrative law judge’s decision. Because the administrative law judge’s decision was supported by substantial evidence, the Alaska Supreme Court reversed the superior court’s decision and affirmed the administrative law judge. View "Alaska Dept. of Administration, Division of Retirement & Benefits v. Shea" on Justia Law

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A tour company hired an Ronald Burton ("employee") to work the tourist season as one of its representatives at a Fairbanks hotel where he had worked seasonally in the past. During training, hotel management recalled that the employee had been difficult to work with. They told the tour company they did not want him working at their hotel and, in explaining their decision, made several unfounded statements about him. When the tour company was unable to place the employee at a different hotel because of his limited transportation, it terminated his employment. The employee sued the hotel for defamation and for tortious interference with his prospective business relationship with his employer. Following a bench trial the superior court rejected the tortious interference claim based on lack of causation but found that several of the hotel’s statements were defamatory per se, justifying an award of general damages but not special or punitive damages. The court also denied the employee’s motion to amend his complaint to add a new defamation claim based on events that arose mid-trial. The employee appealed. After its review, the Alaska Supreme Court concluded: (1) the superior court did not abuse its discretion in denying the employee’s post-trial motion to amend his complaint; (2) the court did not clearly err in its application of a conditional business privilege or in its finding that the defamation did not cause the employee’s damages; and (3) the court did not clearly err in its award of damages. View "Burton v. Fountainhead Development, Inc." on Justia Law