DENUPTIIS v. UNOCAL CORP.

No. S-10098.

63 P.3d 272 (2003)

Timothy DENUPTIIS, Appellant, v. UNOCAL CORPORATION and the Alaska Workers' Compensation Board, Appellee.

Supreme Court of Alaska.

January 31, 2003.


Attorney(s) appearing for the Case

Joseph A. Kalamarides, Randall S. Cavanaugh, Kalamarides & Lambert, Inc., Anchorage, for Appellant.

Richard L. Wagg, Russell, Tesche, Wagg, Cooper & Gabbert, Anchorage, for Appellee Unocal Corporation.

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


OPINION

MATTHEWS, Justice.

The main question presented is whether the Workers' Compensation Board erred in applying a clear and convincing standard of proof to an employer's claim for reimbursement of benefits based on fraud. We conclude that it did. Alaska Statute 44.62.460(e) directs that the standard of proof in administrative hearings be by a preponderance of the evidence, unless applicable law specifies a different standard. As no statute or...

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