Stone v. Fluid Air Components of Alaska

OPINION

MATTHEWS, Chief Justice.

I. INTRODUCTION

This workers’ compensation case presents the question of whether an employer’s pro rata share of attorney’s fees and costs due on a recovery from a third party under Alaska Statute 23.30.015(g) should be based on the amount of the compensation benefits already paid, or on such benefits plus those that would have been paid in the future if there had been no recovery from a third party.

II. FACTS AND PROCEEDINGS

Duncan Stone was injured at work. He received workers’ compensation payments from Fluid Air Components, his employer, through Liberty…