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GLOVER v. STATE, DOT, MARINE HWY. SYSTEM

Nos. S-12220, S-12329.

175 P.3d 1240 (2008)

Jesse GLOVER, Appellant/Cross-Appellee, v. STATE of Alaska, DEPARTMENT OF TRANSPORTATION, ALASKA MARINE HIGHWAY SYSTEM, Appellee/Cross-Appellant.

Supreme Court of Alaska.

January 18, 2008.

Attorney(s) appearing for the Case

James P. Jacobsen, Beard Stacey Trueb & Jacobsen, LLP, Anchorage, for Appellant/Cross-Appellee.

Susan D. Cox, Assistant Attorney General, and David W. Márquez, Attorney General, Juneau, for Appellee/Cross-Appellant.

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

OPINION

CARPENETI, Justice.

I. INTRODUCTION

A state-employed seaman injured on the job presents a declaratory challenge to AS 09.50.250(5), a recently enacted provision rescinding the state's waiver of sovereign immunity from suits under the federal Jones Act and referring state employees exclusively to the state workers' compensation system. The employee argues that the statute violates the Alaska Constitution's waiver of sovereign...

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