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WORKERS' COMP. BENEFITS GUAR. FUND v. ADAMS

Supreme Court No. S-17918.

518 P.3d 280 (2022)

State of Alaska, WORKERS' COMPENSATION BENEFITS GUARANTY FUND, Appellant, v. Virgil A. ADAMS, Michael A. Heath d/b/a O&M Enterprises, and Michael A. Heath Trust, Appellees.

Supreme Court of Alaska.

October 7, 2022.

Attorney(s) appearing for the Case

Siobhan McIntyre and Kimberly D. Rodgers , Assistant Attorneys General, Anchorage, and Treg R. Taylor , Attorney General, Juneau, for Appellant.

Charles W. Coe , Law Office of Charles W. Coe, Anchorage, for Appellee Virgil A. Adams.

No appearance by Appellees Michael A. Heath Trust and Michael A. Heath d/b/a O&M Enterprises.

[Borghesan, Justice, not participating.]

OPINION

I. INTRODUCTION

The Alaska Workers' Compensation Act does not allow compensation for an injury proximately caused by the injured employee's intoxication. The Alaska Workers' Compensation Board decided that a carpenter who admitted using alcohol and cocaine before his injury had a compensable disability...

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