DeNuptiis v. Unocal Corp.

OPINION

MATTHEWS, Justice.

The main question presented is whether the Workers’ Compensation Board erred in applying a clear and convincing standard of proof to an employer’s claim for reimbursement of benefits based on fraud. We conclude that it did. Alaska Statute 44.62.460(e) directs that the standard of proof in administrative hearings be by a preponderance of the evidence, unless applicable law specifies a different standard. As no statute or rule relating to reimbursement claims addresses the issue of what standard of proof is appropriate, the default standard of this section applies.

I.…