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Bauder v. Alaska Airlines8/2/2002
r of college and he graduated that spring. In June he became a contract pilot with Oklahoma Executive Jet Charter. Mr. Bauder took this position in order to build up his flight hours. He was paid $35 a day to cover expenses. Mr. Bauder worked for Oklahoma Executive Jet Charter until November 17, 1995. He continued to receive temporary total disability benefits during this period.
On December 29, 1995, Marilyn Noel, an account executive with the workers' compensation administrator representing Alaska Airlines, filed a notice controverting Mr. Bauder's entitlement to continuing temporary total disability benefits. Ms. Noel claimed that temporary total disability benefits should end because Mr. Bauder was working. Also, she wrote the Department of Labor and requested that a fraud investigation be started because she claimed that Mr. Bauder was working and receiving benefits at the same time. His worker 's compensation benefits were stopped on December 26, 1995.
After leaving Oklahoma Executive Jet Charter in November, Mr. Bauder accepted an offer to become Director of Human Resources/Pilot for a start-up corporation called NOVI Global Investments (NOVI). Although Mr. Bauder was promised an annual salary of $60,000, and in March was promised even more money, he was never paid anything by NOVI. Because he was not paid, Mr. Bauder left NOVI in May of 1996 and filed a wage claim. He eventually received a judgment in his favor and against NOVI on this claim.
In September of 1996, Ms. Noel wrote to Mr. Bauder and asked him to be seen by Dr. Boettcher for a permanent impairment rating evaluation. Dr. Boettcher saw Mr. Bauder on October 4, 1996 and rated him as having a 25% permanent partial impairment. During the evaluation, the doctor noted that there were problems with the last operation and he referred Mr. Bauder to Dr. Laurnen for an examination and perhaps, another operation. Dr. Laurnen did see Mr. Bauder and performed another operation on November 7, 1996. Mr. Bauder began receiving temporary total disability payments again on the 7th of November as well.
In March and April of 1997, Mr. Bauder worked as a pilot for Penn Air. From April 21, 1997 to May 3, 1997, Mr. Bauder was employed as a pilot for Wings of Alaska. His temporary disability benefits ended on April 2, 1997.
Mr. Bauder continued to see Dr. Laurnen and on June 2, 1997, Dr. Laurnen determined that Mr. Bauder was able to perform the work at Alaska Airlines with no restrictions.
At the request of Ms. Noel, Mr. Bauder saw Dr. Boettcher on June 5, 1997 for another rating. Dr. Boettcher again rated Mr. Bauder as being 25% permanently impaired. But the doctor noted that Mr. Bauder was physically able to work as an airline pilot and that he was medically stable.
On July 1, 1997, Ms. Noel filed another notice controverting Mr. Bauder's right to a lump sum payment of his permanent partial impairment disability benefits until the fraud investigation was completed. In addition Ms. Noel asked Mr. Bauder to be seen by Dr. Shawn Hadley for an employer's medical examination. On October 5, 1997, Dr. Hadley found Mr. Bauder to have a permanent impairment of only 10%.
On August 20, 1997, Mr. Bauder, now represented by an attorney, filed an application to adjust his claim for workers' compensation benefits. An attorney representing the workers' compensation administrator filed yet another controversion of Mr. Bauder's adjusted claim on September 12, 1997 and on December 8, 1998, a hearing was held before the Workers' Compensation Board.
II. PROCEEDINGS BEFORE THE BOARD AND THE COURT
Mr. Bauder raised five issues bef
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