Estate of Milos v. Quality Asphalt Paving, Inc.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Brett Milos, an employee of Quality Asphalt Paving (Quality), was driving a company ATV on a Quality work site when he contacted a power line and was electrocuted. Milog's estate sued Quality for wrongful death. The superior court granted summary judgment to Quality, holding that AS 23.30.055, the exclusive remedy provision of the Alaska Workers' Compensation Act, barred the estate's claims. Because the evidence permits an inference that Milos was off-shift at the time of the accident, and because this fact is material to whether Mi-los's death arose…