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FLUOR ALASKA, INC. v. MENDOZA

No. 4992.

616 P.2d 25 (1980)

FLUOR ALASKA, INC. and Alaska Pacific Assurance Company, Appellants, v. Albert F. MENDOZA and the Alaska Workers' Compensation Board, Appellees.

Supreme Court of Alaska.

September 19, 1980.

Attorney(s) appearing for the Case

Charles P. Flynn, Burr, Pease & Kurtz, Inc., Anchorage, for appellants.

Bradley D. Owens, Jermain, Dunnagan & Owens, Anchorage, for appellees.

Before RABINOWITZ, C.J., CONNOR, BURKE and MATTHEWS, JJ., and DIMOND, Senior Justice.

OPINION

RABINOWITZ, Chief Justice.

In this appeal, we are confronted with an issue of first impression in post-statehood Alaska, namely, the proper interpretation of AS 23.30.095(d). That statute, part of the Alaska Workers' Compensation Act, provides:

If at any time during the period [of disability] the employee unreasonably refuses to submit to medical or surgical treatment, the [Alaska Workers' Compensation] [B]oard may by order suspend the payment...

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