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Rhines v. State9/21/2001
I. INTRODUCTION
Kristi Rhines appeals the denial of her claim for occupational disability benefits under the Public Employees' Retirement System. Rhines worked as an administrative assistant for the University of Alaska Fairbanks and claims that she developed tendinitis and other injuries as a result of her extensive use of a computer keyboard and mouse. The superior court upheld the Public Employees' Retirement Board's decision to deny benefits based on the board's findings (1) that the university had not terminated Rhines as a result of her injuries, and (2) that even if she had been terminated, those injuries did not amount to a permanent disability as required by the statute. Because the decision of the administrative board was both within the law and supported by substantial evidence, we affirm the superior court.
II. FACTS AND PROCEEDINGS
A. Facts
Kristi Rhines began working for the University of Alaska Fairbanks (UAF) on October 22, 1990. Rhines worked as an Administrative Assistant III with the school's Cooperative Extension Service.
On February 8, 1993, Rhines filed a report of occupational injury in which she complained of numbness and pain in her hands and wrists caused by computer use. Rhines contends that the injuries became so extreme that she was no longer able to work by the middle of March. Rhines did not return to work after March 16, 1993. Neither party argues in this appeal that Rhines's injuries were not suffered as a result of her work at UAF.
Rhines sought medical treatment for her injuries. Dr. Cammack and Dr. Pierson each concluded that Rhines would not be able to work because of her injuries for short periods beginning in March 1993. The doctors wrote several notes excusing Rhines from work for one to three weeks at a time.
In May 1993 Rhines received a letter from Charles Hartman, her supervisor, informing her that the department was undergoing a reorganization that would result in the elimination of her position. Specifically, the department was upgrading two administrative assistants to the position of "fiscal officer." The state claims that this reorganization was motivated by Hartman's retirement and the desire to divide his previous responsibilities between two fiscal officers. Rhines was invited to apply for the fiscal officer position that would result from the elimination of her position. The new position involved more responsibility and higher pay. Rhines applied for the fiscal officer position in June of 1993, but was not selected for the job . Rhines was informed that due to the elimination of her current position she would be laid off on July 30, 1993.
Following her termination, Rhines continued to seek medical help. She repeatedly saw Dr. Lindig, an orthopedist, for treatment. From December 17, 1993, through June 26, 1995, Dr. Lindig's reports consistently stated that Rhines was not able to return to work. Dr. Lindig first noted that Rhines's injury was permanent on June 26, 1995, but thereafter indicated that her injury status was "undetermined" until April 17, 1996, when he again indicated that her injury was "permanent."
In August 1995 Rhines went back to work as an accountant for the Tanana Chiefs. Notwithstanding maternity leave from the middle of September to November of 1995 and absence because of injury from December 1995 to May 1996, Rhines worked for the Tanana Chiefs at least until the time of the board's first hearing in October of 1996. Rhines did claim that an aggravation of her injuries prevented her from performing her duties in this new position after she was asked to fill in for an absent employee whose work involved use of a comp
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