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KELLY v. STATE, DEPT. OF CORRECTIONS

No. S-12814.

218 P.3d 291 (2009)

Carl KELLY, Appellant, v. STATE of Alaska, DEPARTMENT OF CORRECTIONS, Appellee.

Supreme Court of Alaska.

October 16, 2009.

Attorney(s) appearing for the Case

Joseph A. Kalamarides, Kalamarides & Lambert, Anchorage, for Appellant.

Daniel N. Cadra, Assistant Attorney General, Anchorage, and Richard A. Svobodny, Acting Attorney General, Juneau, for Appellee.

Before: FABE, Chief Justice, EASTAUGH, CARPENETI, WINFREE, and CHRISTEN, Justices.

OPINION

FABE, Chief Justice.

I. INTRODUCTION

A prison guard filed a report of injury for job-related stress after being threatened with serious physical injury and possible death by an inmate who had been convicted of murder and was armed with a weapon. For over five years, the State paid workers' compensation benefits to the guard, including permanent partial impairment and reemployment benefits...

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