GILMORE v. ALASKA WORKERS' COMPENSATION BD.

No. S-4765.

882 P.2d 922 (1994)

Warren K. GILMORE, Appellant, v. The ALASKA WORKERS' COMPENSATION BOARD, Alaska Timber Insurance Exchange and Klukwan Forest Products, Inc., Appellees.

Supreme Court of Alaska.

As Amended on Grant of Rehearing; Emergency Motion for Stay of Decision Denied November 22, 1994.


Attorney(s) appearing for the Case

Peter R. Ellis, Ellis Law Offices, Inc., Ketchikan, for appellant.

Robert A. Royce, Asst. Atty. Gen., Anchorage, Charles E. Cole, Atty. Gen., Juneau, for appellee Alaska Workers' Compensation Bd.

Paul M. Hoffman, Robertson, Monagle & Eastaugh, P.C., Juneau, for appellees Alaska Timber Ins. Exchange and Klukwan Forest Products, Inc.

Michael A. Barcott, William D. De Voe, Faulkner, Banfield, Doogan & Holmes, Anchorage, for amici curiae.

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


OPINION

MATTHEWS, Justice.

As originally presented by the parties, this case called upon us to construe the 1988 amendment to AS 23.30.220(a). This statute prescribes the wage base on which an injured worker's disability benefits are calculated. In the course of considering each party's contentions on this issue, we became aware of potential constitutional problems with the wage base calculation scheme found in AS 23.30.220(a). Specifically, we recognized...

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