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UNDERWATER CONST., INC. v. SHIRLEY

No. S-5388.

884 P.2d 150 (1994)

UNDERWATER CONSTRUCTION, INC. and Industrial Indemnity Company of Alaska, Appellants, v. William M. SHIRLEY and Alaska Workers' Compensation Board, Appellees.

Supreme Court of Alaska.

November 4, 1994.

Attorney(s) appearing for the Case

Mark L. Figura, Rose & Figura, Anchorage, for appellants.

Chancy Croft, Chancy Croft Law Office, Anchorage, for appellees.

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

OPINION

COMPTON, Justice.

This appeal requires us to interpret AS 23.30.225(b), which allows an employer to reduce workers' compensation benefit payments to an injured employee if that employee's combined state and federal social security disability benefits exceed 80% of the employee's "average weekly wages." We hold that "average weekly wages" in AS 23.30.225(b) is synonymous with "gross weekly earnings" in AS 23.30.220(a)(1).

I. FACTUAL...

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