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• Title: Adam Hood v. State Alaska
• Author : Supreme Court of Alaska
• Release Date : January 03, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

BOOCHEVER, Chief Justice. OPINION. This appeal presents a question as to the applicable statute for awarding Adam Hood compensation for permanent partial disability. He received an injury to his left knee on September 6, 1973 while employed by Henson Masonry. On March 23, 1976, Mr. Hood was rated as suffering a forty percent permanent partial disability of the leg. In September 1973, AS 23.30.190(2) provided for 248 weeks compensation, not to exceed $20,160.00 for loss of a leg. This section was amended by chap. 83, sec 5, Session Laws of Alaska 1975, effective May 22, 1975, which doubled the maximum allowable compensation to $40,320.00. Hood would be entitled to $8,064.00 if the act in effect at the time of his injury applies, as opposed to $16,128,00, if the act in effect at the time his condition was rated as a permanent partial disability is applicable. The Alaska Workmens Compensation Board found that the act in effect on the date of injury was applicable, and the superior court affirmed. Although a very close question is presented, we have concluded that Mr. Hood is entitled to the higher benefits of the later act.

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