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ALASKA WORKMEN'S COMPENSATION BOARD v. MARSH

No. 2449.

550 P.2d 805 (1976)

ALASKA WORKMEN'S COMPENSATION BOARD et al., Appellants, v. Merlyn MARSH, in his own right and Evonne Marsh, Individually, and as Guardian of Merlyn Marsh, Appellees.

Supreme Court of Alaska.

March 8, 1976.

Attorney(s) appearing for the Case

Sanford M. Gibbs and Timothy M. Stone, of Hagans, Smith & Brown, Anchorage, for appellants.

Peter B. Walton, Anchorage, for appellees.

Before BOOCHEVER, Chief Justice, and RABINOWITZ, CONNOR, ERWIN and BURKE, Justices.

OPINION

CONNOR, Justice.

The question presented in this appeal is whether the Alaska Workmen's Compensation Board correctly refused to entertain an applicant's claim for compensation. In this instance the board refused to act because a civil action, based upon the same occurrence as the claim for workmen's compensation, was pending in the superior court. The appellants urge that the board can properly withhold action, and thus they seek reversal of the superior...

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