SCAMMON BAY ASSOCIATION, INC. v. ULAK

No. S-11392.

126 P.3d 138 (2005)

SCAMMON BAY ASSOCIATION, INC., and its workers' compensation carrier, American International Group, Inc., Appellants, v. David ULAK, Suburban Propane, L.P., a foreign corporation, and Wave Fuels & Transportation, LLC, a domestic company, Appellees.

Supreme Court of Alaska.

December 23, 2005.


Attorney(s) appearing for the Case

Erling T. Johansen, Davison & Davison, Inc., Anchorage, for Appellants.

Thomas Van Flein, John B. Thorsness, Clapp, Peterson, Van Flein, Tiemessen & Thorsness, LLC, Anchorage, for Appellee Suburban Propane, L.P.

Michael P. McConahy, McConahy, Zimmerman & Wallace, Fairbanks, for Appellee Wave Fuels & Transportation, LLC.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.


OPINION

MATTHEWS, Justice.

I. INTRODUCTION

An employee was injured on the job and recovered workers' compensation benefits from the employer. The employee then sued other potential tortfeasors. Under AS 23.30.015(g), the employer would normally have a lien on any money the employee recovered from other tortfeasors, up to the amount of benefits paid by the employer to the employee. But in this case, the employee and the tortfeasors settled...

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