STATE, DEPT. OF NATURAL RESOURCES v. DUPREE

No. 6047.

664 P.2d 562 (1983)

STATE of Alaska, DEPARTMENT OF NATURAL RESOURCES and Northern Adjusters, Inc., Petitioners, v. Lee DUPREE, Respondent.

Supreme Court of Alaska.

May 13, 1983.


Attorney(s) appearing for the Case

Michael A. Barcott, Faulkner, Banfield, Doogan & Holmes, Anchorage, for petitioners.

Millard F. Ingraham, Fairbanks, for respondent.

Before BURKE, C.J., and RABINOWITZ, CONNOR, MATTHEWS and COMPTON, JJ.


OPINION

BURKE, Chief Justice.

AS 23.30.220(2) provides that the average weekly wage of an injured employee is that most favorable to the employee calculated by dividing fifty-two into the total wages earned in any one of the three calendar years immediately preceding injury.1 Departure from this formula is sanctioned when the Alaska Workers' Compensation Board determines that the employee's average weekly wage cannot be "fairly...

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