Justia Government & Administrative Law Opinion Summaries

In 1999, Appellant-Employee Kenneth Monzulla hurt his back at work. In 2001, he and his employer entered a partial compromise and release agreement to settle all issues stemming from the injury except for future medical care for his lumbar and thoracic spine. More recent disputes involved the extent of Appellant's medical care. A recurring issue between the parties pertained to venue for the proceedings. In 2008, Appellee Voorhees Concrete Cutting asked the Workers' Compensation Appeals Commission to review and stay a non-final order that denied its change of venue from Fairbanks. The Commission first issued a partial stay, which permitted the case to go forward in any venue other than Fairbanks. It later reviewed the merits of the Workers' Compensation Board's decision to deny the change of venue and reversed it. On appeal, Mr. Monzulla contended that the Commission did not have subject matter jurisdiction over "motions for extraordinary review." He claimed that legislature only granted the Commission jurisdiction to hear appeals of final Board orders. Upon review, the Supreme Court found that jurisdiction to hear appeals is "necessarily incident to the Commission's express power" to hear appeals from final Board decisions. The Court affirmed the Commission's decision.