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JUSTICE v. RMH AERO LOGGING, INC.

Nos. S-9513, S-9544.

42 P.3d 549 (2002)

Dan B. JUSTICE, Appellant/Cross-Appellee, v. RMH AERO LOGGING, INC., and Wausau Insurance Companies, Appellees/Cross-Appellants.

Supreme Court of Alaska.

February 15, 2002.

Attorney(s) appearing for the Case

Paul M. Hoffman, Robertson, Monagle & Eastaugh, P.C., Juneau, for Appellant/Cross-Appellee.

Patricia L. Zobel, DeLisio Moran Geraghty & Zobel, Anchorage, for Appellees/Cross-Appellants.

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

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Did the Alaska Workers' Compensation Board erroneously adjust an injured employee's compensation rate by departing from the statutory formula for determining gross weekly earnings set out in former AS 23.30.220(a)(1)? Because we conclude that our holding in Gilmore v. Alaska Workers' Comp. Bd.1 applies with limited retroactivity to the employee's claim for a compensation...

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