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ALASKA PACIFIC ASSUR. CO. v. BROWN

Nos. 6600, 6626.

687 P.2d 264 (1984)

ALASKA PACIFIC ASSURANCE COMPANY and State of Alaska, Appellants, v. Robert BROWN, Individually and as Class Representative, Appellee.

Supreme Court of Alaska.

Rehearing Granted in Part and Denied in Part July 20, 1984.

As Modified July 20, 1984.

Attorney(s) appearing for the Case

Robert Draper, O'Melveny & Myers, Los Angeles, Cal., and Randall J. Weddle, Faulkner, Banfield, Doogan & Holmes, Anchorage, for appellant Alaska Pacific Assur. Co.

Linda Scoccia, Asst. Atty. Gen., Wilson L. Condon, Atty. Gen., Juneau, for appellant State of Alaska.

Patrick B. Gilmore and Jerome H. Juday, Atkinson, Conway, Bell & Gagnon, Anchorage, and Herbert Colden, Los Angeles, Cal., for appellee.

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

OPINION

RABINOWITZ, Justice.

This appeal involves the constitutionality of former AS 23.30.175(d), which adjusted the benefits of Alaska workers' compensation recipients who had moved out of state. AS 23.30.175(d) provided:

For a recipient who resides in a state other than Alaska, the weekly rate of compensation shall be the weekly grant he would have received if he resided in Alaska times the ratio of the average weekly wage of the state in which...

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