Legal Opinion

Thurston v. Guys With Tools, Ltd.

Alaska Supreme Court

Decided October 16, 2009No. S-12939PublishedCited by 7 opinions

1Opinion of the Court

OPINION

WINFREE, Justice.

I. INTRODUCTION

This case presents questions of law about a workers' compensation claim for permanent total disability (PTD) when the employee: (1) had a preexisting condition; (2) suffered a work injury implicating the preexisting condition; and (8) suffered a subsequent unrelated medical condition independently rendering the employee disabled.

An employee with preexisting arthritis in her left knee injured that knee at work in August 2002 and had knee surgery in June 2008. She was diagnosed with lung cancer in October 2008. She was determined medically stable with…

2Cases cited15 opinions

  1. State v. AbbottAlaska Supreme Court · 1972
  2. Thornton v. Alaska Workmen's Compensation BoardAlaska Supreme Court · 1966
  3. DeYonge v. Nana/MarriottAlaska Supreme Court · 2000
  4. Fairbanks N. Star Bor. v. Rogers & BablerAlaska Supreme Court · 1987
  5. Barrington v. Alaska Communications Systems Group, Inc.Alaska Supreme Court · 2009

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3Cited by7 opinions

  1. Shea v. State, Department of Administration, Division of Retirement & BenefitsAlaska Supreme Court · 2011
  2. Monzulla v. Voorhees Concrete CuttingAlaska Supreme Court · 2011
  3. Brockel v. North Dakota Workforce Safety & InsuranceNorth Dakota Supreme Court · 2014
  4. McGlinchy v. State, Department of Natural ResourcesAlaska Supreme Court · 2015
  5. Brockel v. North Dakota Workforce Safety & InsuranceNorth Dakota Supreme Court · 2014

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