State, Department of Fish & Game v. Kacyon

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

Alaska Statute 28.30.015(g) provides that when an employee's representative recovers damages in a suit against a third party, the representative must reimburse the employer for workers' compensation benefits the employer has paid. 1 The "excess" recovery may be retained by the personal representative but it must be credited against the employer's obligation to make compensation payments in the future. But the employer must pay its pro rata share of the representative's costs and attorney's fees as measured by both the reimbursement for past payments…