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STATE, DEPT. OF FISH AND GAME v. KACYON

No. S-9433.

31 P.3d 1276 (2001)

STATE of Alaska, DEPARTMENT OF FISH AND GAME, Appellant, v. Jeremiah KACYON, beneficiary of Randall Kacyon (Deceased), and the Alaska Workers' Compensation Board, Appellees.

Supreme Court of Alaska.

October 5, 2001.

Attorney(s) appearing for the Case

Kristin S. Knudsen, Assistant Attorney General, Anchorage, Bruce M. Botelho, Attorney General, Juneau, for Appellant.

John S. Hedland, Amy L. Vaudreuil, Hedland, Brennan, Heideman & Cooke, Anchorage, for Appellees.

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

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

Alaska Statute 23.30.015(g) provides that when an employee's representative recovers damages in a suit against a third party, the representative must reimburse the employer for workers' compensation benefits the employer has paid.1 The "excess" recovery may be retained by the personal representative but it must be credited...

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