Berger v. Wien Air Alaska

OPINION

FABE, Justice.

I. INTRODUCTION

In this appeal we must determine whether medical expenses incurred by an employee but paid for by a private insurer or other collateral sources may offset the employer’s credit under AS 23.30.015(g). The Workers’ Compensation Board determined that because collateral sources paid Marsha Berger’s medical expenses, she could not use those expenses to reduce Wien Air Alaska’s credit arising from her third-party tort award. Because we hold that AS 23.30.015(g) requires an offset for any medical expenses incurred by an employee that would have been payable by the…