D. K. MacDonald & Co. v. Alaska Industrial Board

FOLTA, District Judge.

This is an appeal by the insurer only, from a denial of its motion to dismiss and an award of the Alaska Industrial Board to defendant Anderson, who did not appear or otherwise participate in the proceeding before the Alaska Industrial Board.

All of the material evidence in this case was elicited from the defendant Gilbertson who, although he is the employer of the injured claimant, is the real party defendant in interest. Anderson, aside from filing his claim, has shown no interest in the administrative proceeding and by answer in this action disclaims any interest in…