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STATE v. TONGASS BUSINESS CENTER

No. S-13888.

276 P.3d 453 (2012)

STATE of Alaska, DEPARTMENT OF LABOR & WORKFORCE DEVELOPMENT, DIVISION OF WORKERS' COMPENSATION, SECOND INJURY FUND, Appellant, v. TONGASS BUSINESS CENTER, Commerce & Industry Insurance Co., Chartis/Northern Adjusters, Inc., and Michael Banie, Appellees.

Supreme Court of Alaska.

May 18, 2012.

Attorney(s) appearing for the Case

Ruth Botstein , Assistant Attorney General, Anchorage, and John J. Burns , Attorney General, Juneau, for Appellant.

Colby J. Smith and Aaron M. Sandone , Griffin & Smith, Anchorage, for Appellees Tongass Business Center, Commerce & Industry Insurance Co., and Chartis/Northern Adjusters, Inc. Notice of non-participation filed by Paul M. Hoffman, Hoffman Silver Gilman & Blasco, P.C., Juneau, for Appellee Banie.

Before: CARPENETI, Chief Justice, FABE, WINFREE, and STOWERS, Justices.

OPINION

CARPENETI, Chief Justice.

I. INTRODUCTION

An employer petitioned the Alaska Workers' Compensation Board for reimbursement from the Second Injury Fund for payments it made to a disabled worker; the Fund opposed the petition. After a hearing, the Board granted the petition. The Fund asked the Board to reconsider its decision in December 2009. The hearing officer told the parties that he would inform them in writing by the end of January...

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