Legal Opinion

Underwater Construction, Inc. v. Shirley

Alaska Supreme Court

Decided November 4, 1994No. S-5388PublishedCited by 16 opinions

1Opinion of the Court

OPINION

COMPTON, Justice.

This appeal requires us to interpret AS 23.30.225(b), which allows an employer to reduce workers’ compensation benefit payments to an injured employee if that employee’s combined state and federal social security disability benefits exceed 80% of the employee’s “average weekly wages.” We hold that “average weekly wages” in AS 23.30.225(b) is synonymous with “gross weekly earnings” in AS 23.30.220(a)(1).

I. FACTUAL AND PROCEDURAL BACKGROUND

William W. Shirley was injured while employed by Underwater Construction, Inc. (UC) 1 in August 1989. He is permanently and totally…

2Cases cited15 opinions

  1. Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
  2. Handley v. State, Department of RevenueAlaska Supreme Court · 1992
  3. North Slope Borough v. Sohio Petroleum Corp.Alaska Supreme Court · 1978
  4. Wien Air Alaska v. ArantAlaska Supreme Court · 1979
  5. National Bank of Alaska v. State, Department of RevenueAlaska Supreme Court · 1982

10 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State, Department of Revenue v. AndradeAlaska Supreme Court · 2001
  2. Alaska Airlines, Inc. v. DarrowAlaska Supreme Court · 2017
  3. Usibelli Coal Mine, Inc. v. State, Department of Natural ResourcesAlaska Supreme Court · 1996
  4. State v. SchmidtAlaska Supreme Court · 2014
  5. Barrington v. Alaska Communications Systems Group, Inc.Alaska Supreme Court · 2009

11 more not listed; retrieve them via the Exa API.

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