McKITRICK v. STATE, P.E.R.S.

No. S-14178.

284 P.3d 832 (2012)

Mark McKITRICK, Appellant, v. STATE of Alaska, PUBLIC EMPLOYEES RETIREMENT SYSTEM, Appellee.

Supreme Court of Alaska.

September 14, 2012.


Attorney(s) appearing for the Case

Allison Mendel and Laurence Blakely , Mendel & Associates, Anchorage, for Appellant.

Seth M. Beausang , Assistant Attorney General, Anchorage, and John Burns , Attorney General, Juneau, for Appellee.

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


OPINION

CARPENETI, Chief Justice.

I. INTRODUCTION

A man filed an application for both occupational and nonoccupational disability benefits from the Public Employees Retirement System, claiming disability from both physical and mental conditions. An administrative law judge (ALJ) denied the man's claim, finding that he failed to establish by a preponderance of the evidence that he had a physical or mental disability that presumably permanently...

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