IRBY v. FAIRBANKS GOLD MIN., INC.

No. S-12680.

203 P.3d 1138 (2009)

Edward P. IRBY, Deceased, and Cartrie Irby, Edward P. Irby II, and Hannah C. Irby, Beneficiaries, Appellants, v. FAIRBANKS GOLD MINING, INC., and Old Republic Insurance Co., Appellees.

Supreme Court of Alaska.

March 20, 2009.


Attorney(s) appearing for the Case

Chancy Croft, Chancy Croft Law Office, Anchorage, for Appellants.

Constance Cates Ringstad, McConahy, Zimmerman & Wallace, Fairbanks, for Appellees.

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


OPINION

EASTAUGH, Justice.

I. INTRODUCTION

This appeal concerns the timeliness of a March 2004 workers' compensation claim. Edward Irby disappeared in an apparent industrial accident on April 13, 1997. Irby's wife promptly petitioned the Fairbanks district court for a presumptive death certificate, but in October 1997 the district court jury determined there was insufficient evidence to presume...

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