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STATE DEPT. OF TRANSP. & PUB. FAC. v. GRONROOS

No. S-508.

697 P.2d 1047 (1985)

STATE of Alaska DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Appellant, v. Harold H. GRONROOS, Appellee.

Supreme Court of Alaska.

April 12, 1985.

Attorney(s) appearing for the Case

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

Law Offices of William M. Erwin, William M. Erwin, Anchorage, for appellee.

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

OPINION

COMPTON, Justice.

This case concerns whether the Alaska Workers' Compensation Board (Board) erred when it relied on subsection (2) of former AS 23.30.220 in calculating seasonal employee Harold H. Gronroos' weekly wages as a basis for determining temporary disability compensation. We hold that Mr. Gronroos' circumstances require the Board to make a "fairness determination" under subsection (3) of former AS 23.30.220 and we therefore reverse.

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