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STALNAKER v. M.L.D.

Nos. S-7289, S-7309.

939 P.2d 407 (1997)

Robert STALNAKER, Administrator of the Public Employees' Retirement System, Appellant and Cross-Appellee, v. M.L.D., Appellee and Cross-Appellant.

Supreme Court of Alaska.

Rehearing Denied July 17, 1997.

Attorney(s) appearing for the Case

John B. Gaguine, Assistant Attorney General, and Bruce M. Botelho, Attorney General, Juneau, for Appellant and Cross-Appellee.

Christine S. Schleuss, Anchorage, for Appellee and Cross-Appellant.

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

OPINION

FABE, Justice.

I. INTRODUCTION

Following his termination as the police chief of the City of King Cove, M.L.D. applied for occupational disability benefits under the Public Employees' Retirement System (PERS). Robert Stalnaker, the PERS administrator, denied M.L.D.'s application for occupational benefits, finding that his disability was not occupational within the meaning of the PERS...

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