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STONE v. FLUID AIR COMPONENTS OF ALASKA

No. S-8472.

990 P.2d 621 (1999)

Duncan STONE, Appellant, v. FLUID AIR COMPONENTS OF ALASKA and Liberty Northwest, Appellees.

Supreme Court of Alaska.

November 12, 1999.

Attorney(s) appearing for the Case

Steven D. Smith, Law Offices of Steven D. Smith, P.C., Anchorage, for Appellant.

Donna M. Meyers, Clay A. Young, Delaney, Wiles, Hayes, Gerety, Ellis & Young, Inc., Anchorage, for Appellees.

Randall J. Weddle, James E. Hutchins, Holmes, Weddle & Barcott, Anchorage, for Amicus Curiae Alaska National Insurance Company.

Before MATTHEWS, Chief Justice, FABE, BRYNER, and CARPENETI, Justices.

OPINION

MATTHEWS, Chief Justice.

I. INTRODUCTION

This workers' compensation case presents the question of whether an employer's pro rata share of attorney's fees and costs due on a recovery from a third party under Alaska Statute 23.30.015(g) should be based on the amount of the compensation benefits already paid, or on such benefits plus those that would have been paid in the future if there had been no recovery from a third party...

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