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WIEN AIR ALASKA v. KRAMER

No. S-3221.

807 P.2d 471 (1991)

WIEN AIR ALASKA and Scott Wetzel Services, Inc., Petitioners, v. Daniel KRAMER, Richard Matthews dba Enchanted Lake Lodge and Industrial Indemnity Company and State of Alaska, Workers' Compensation Board, Respondents.

Supreme Court of Alaska.

March 15, 1991.

Attorney(s) appearing for the Case

Phillip J. Eide, Guess & Rudd, Anchorage, for petitioners.

Eric Olson, Olson Law Office, Inc., Anchorage, for respondent Kramer.

Mark L. Figura, Rose & Figura, Anchorage, for respondents Matthews, Enchanted Lake Lodge and Indus. Indem. Co.

No appearance by respondent, State of Alaska.

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

OPINION

BURKE, Justice.

We granted review in this case to determine whether a workers' compensation claimant, Daniel Kramer, can rely on the statutory presumption of compensability, AS 23.30.120(a)(1), to establish, absent substantial evidence to the contrary, that a work-related injury resulted in a compensable disability. In addition, we consider whether the trial court properly raised, sua sponte, the issue of Kramer's status as an "independent...

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