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Rockney v. Boslough Construction Co.5/27/2005
the enforcement of a claim for compensation under this chapter it is presumed, in the absence of substantial evidence to the contrary, that (1) the claim comes within the provisions of this chapter[.]"
We have broadly interpreted the presumption to apply to "any claim for compensation under the workers' compensation statute."
Consequently, we have applied the presumption to any disputes over the employee's eligibility for benefits, including eligibility for reemployment benefits. Additionally, the presumption applies when an employer or insurer disputes who must pay for the benefits. Using the presumption in these cases "simplif proceedings before the Board and thus reduce the hazards interinsurer disputes pose for the injured worker."
However, the presumption of compensability does not apply to Rockney's case because Alaska National and Boslough do not dispute Rockney's entitlement to reemployment benefits or their liability for those benefits. In effect, all the parties agree that Rockney's "claim comes within the provisions of this chapter." Rockney is not seeking coverage; instead, he disputes the plan under which his benefits will be provided. Moreover, applying the presumption to evaluating reemployment plans does not promote the goals of encouraging coverage and prompt benefit payments.
Therefore, we conclude that the board should not apply the presumption of compensability in evaluating a reemployment plan.
V. CONCLUSION
We REVERSE the superior court decision concluding the reemployment benefits administrator and the board did not abuse their discretion in approving Rockney's reemployment plan. We REMAND for further proceedings consistent with this opinion.
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