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Twiggs v. Municipality of Anchorage6/19/2002
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d). Accordingly, this memorandum decision may not be cited for any proposition of law or as an example of the proper resolution of any issue.
MEMORANDUM OPINION AND JUDGMENT
The decision of the superior court affirming the decision of the Alaska Workers' Compensation Board is AFFIRMED for the reasons expressed by the superior court. The opinion of the superior court is attached as an appendix.
APPENDIX
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE
JOHN TWIGGS, Appellant, vs. MUNICIPALITY OF ANCHORAGE, (self-insured), and THE ALASKA WORKERS' COMPENSATION BOARD, Appellee.
Case No. 3AN-00-3702 CI
MEMORANDUM OF DECISION
John Twiggs (Twiggs) appeals the Alaska Workers' Compensation Board (the board) decision denying him permanent partial disability (PPD) benefits for an injury that he received while he worked as a volunteer police officer for the Municipality of Anchorage (MOA).
STATEMENT OF THE CASE
This case dates back to January 1987 when the appellant (Twiggs) tripped and injured his back on the Municipality of Anchorage's property at the officer's entrance to the police headquarters. Twiggs had worked as a part-time volunteer police officer, but his injury occurred on his last day of volunteer employment as he was returning his uniform. It is not disputed that he suffered a work-related injury. Twiggs also worked for the Federal Aviation Administration (FAA) at the GM-13 pay level.
The FAA laterally transferred Twiggs to a field security position two months after he was injured. His pay level increased to the GM-14 level in September 1988. The new position required Twiggs to travel extensively, sit through long meetings, and exert himself physically. Twiggs alleges that he had difficulty performing all of his job duties because of his back injury . In August 1990, the FAA laterally transferred Twiggs again, this time to a position in the FAA's regional Anchorage office. In 1991 Twiggs applied for the newly created job of Deputy Security Division Manager of the FAA in Alaska, which would have eventually raised him to a GM-15 pay level. Twiggs did not receive the promotion and remained at the GM-14 pay level.
Twiggs argues that he did not get the promotion because of his back injury . He claims that he was "short" with his fellow employees because of his back pain and his demeanor, combined with the fact that he had trouble flying for extended periods of time, caused him to lose the promotion. Twiggs seeks PPD benefits for lost wages and for pension money that he would have been entitled to had he received his promotion.
The MOA argues that Twiggs earned more money after the injury than before the injury and that he lost the promotion because he had poor interpersonal skills. It argues that he had poor interpersonal skills before he was injured and that his inability to get along with employees and customers cost him the job . It contends that he used the injury only as an excuse for his bad temperament.
Two issues are presented on appeal. First, which presumption of compensability is applicable in this case. Second, whether there is substantial evidence to support the board's findings.
STANDARD OF REVIEW
The parties dispute which standards of review apply in this appeal. Generally, there are four principle standards of review in administrative decisions. Jager v. State, 537 P.2d 1100, 1107 n.23 (Alaska 1975). Those standards of review "are the `substantial
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