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Rhines v. State9/21/2001
Rhines's position at Tanana Chiefs to establish that her work there was comparable to her previous position. In fact, Rhines testified that her work involved little or no work with a computer, and her attempts to resume working with a computer resulted in a re-aggravation of her injuries.
However, any mistake made in evaluating these facts is harmless error. Rhines has the burden of establishing a prima facie case. She has failed to meet this burden, as her own expert even endorsed the idea that she could return to comparable work. The fact that the board may have improperly relied upon her continuing efforts to find employment to conclude that Rhines could work does not help Rhines meet her burden to prove that she could not return to comparable work.
V. CONCLUSION
The board properly found that Rhines was terminated when the reorganization in July 1993 eliminated her position. In addition, substantial evidence supported the board's finding that Rhines's injuries were not sufficient to qualify as an "occupational disability" as defined in AS 39.35.680. Therefore, we AFFIRM the decision of the superior court to uphold the board's decision that Rhines is not entitled to occupational disability benefits under AS 39.35.410.
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