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Holmberg v. State, Division of Risk Management

Supreme Court of Alaska
796 P.2d 823 (Alaska 1990)


Facts

Karen Holmberg (plaintiff) was an employee for the State of Alaska, Division of Risk Management (DRM) (defendant). Holmberg had back problems and the Alaska Workers’ Compensation Board (AWCB) refused to award her permanent disability benefits. Holmberg appealed to the superior court. Holmberg also sought disability benefits from the Public Employees Retirement System (PERS). After an appeal to the Public Employees Retirement Board (PERB), which administers PERS, the PERB awarded Holmberg occupational disability benefits as she requested. Holmberg then supplemented the record in her superior court appeal with the PERB decision. She argued that the factual determinations in the PERB decision precluded the AWCB decision from being affirmed. The superior court disagreed, however, affirming the AWCB decision. Holmberg appealed.

Rule of Law

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Issue

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Holding and Reasoning (Moore, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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