State, Department of Highways v. Burgess Construction Co.

OPINION

BURKE, Justice.

In this appeal we are called upon to unravel a series of procedural mishaps which occurred in an appeal to the superior court from a decision of the Alaska Workmen’s Compensation Board (hereinafter referred to as the Board).

The case began when Thurman Benson filed a claim for workmen’s compensation against appellee Burgess Construction Company and appellant State of Alaska, Department of Highways, and their respective insurers. Benson claimed that he suffered from a progressive occupational disease described as Pellatol poisoning, which is caused by prolonged exposure to…