[Download] "Charles Cortay v. Silver Bay Logging" by Supreme Court of Alaska ~ Book PDF Kindle ePub Free

eBook details

Title: Charles Cortay v. Silver Bay Logging
Author : Supreme Court of Alaska
Release Date : January 09, 1990
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 66 KB

Description

Charles Cortay appeals the judgment of the superior court affirming the Alaska Workers Compensation Board ("Board") order denying him temporary total disability ("TTD") benefits for lost wages due to a work-related injury. The Board denied Cortay benefits on the grounds that Cortay was able to work and that he left work in order to care for his wife who also had suffered a work-related injury. For the reasons set forth below, we hold that the Boards finding that Cortay was able to work despite his work-related injury is not supported by substantial evidence. This holding, however, does not dispose of this appeal since the Board also found that Cortay was unavailable to work for reasons independent of his injury. We are left with the question whether the Board erred in denying Cortay TTD benefits for a disabling work-related injury because Cortay used the time during which he was disabled to care for his wife. We believe that a disabled employee should not be denied benefits because he chooses to engage in an activity that also would render him unavailable for work. Therefore, we reverse the Boards decision and remand the case for a determination of the proper amount of TTD benefits from May 6, 1987, the date time-loss was authorized, to the time Cortays back condition no longer rendered him unable to work.