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Alaska Indus. Bd. v. Chugach Elec. Assn., Inc., 356 U.S. 320 (1958)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Alaska Indus. Bd. v. Chugach Elec. Assn., Inc., 356 U.S. 320 (1958)
Alaska Industrial Board v. Chugach Electric Association, Inc. No. 303 Argued April 8, 1958 Decided April 28, 1958 356 U.S. 320
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
In Alaska, an employee suffered an injury in the course of his employment that resulted in the amputation of an arm, amputation of four toes on his left foot, and, sometime later, amputation of his right leg below the knee. The left foot had not healed three years later, and the employee continued unable to work or to obtain employment. His employer and its insurer (respondents here) paid him "temporary disability" payments of $95 per week for 38 weeks. Then they concluded that he had been totally and permanently disabled since the date of the last amputation, and was entitled under the Alaska Workmen’s Compensation Act to a lump sum award of $8,100, and no more. They sent him a check for that amount (less the total already paid for "temporary disability") and discontinued the "temporary disability" payments. He then applied to the Alaska Industrial Board, which awarded him "temporary disability" payments from the date of the last amputation, on the ground that his temporary disability "continues to this date, no end medical results having been reached." Respondents sued in a Federal District Court to set aside that award.
Held:
1. Under the Act, the fact that the employee had become entitled to a lump sum payment for "total and permanent disability" did not preclude a later award for continuing "temporary disability." Pp. 323-324.
2. For "all injuries causing temporary disability," the Act provides for awards based on the employee’s "average daily wage earning capacity"; their purpose is to compensate the employee for lost wages during the healing period and until he is able to return to work, and there is a factual basis for such award as long as a continuing ability to do some work exists. P. 324.
3. Respondents’ contentions that the employee’s claim was not timely filed, and that, for other reasons also, the Board had no jurisdiction to enter its latest award were decided adversely to them by the Court of Appeals, they filed no cross-petition here, and therefore those questions are not open to respondents at this stage. Pp. 324-325.
245 F.2d 855 reversed, and cause remanded to the District Court for further proceedings.
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Chicago: U.S. Supreme Court, "Syllabus," Alaska Indus. Bd. v. Chugach Elec. Assn., Inc., 356 U.S. 320 (1958) in 356 U.S. 320 356 U.S. 321. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=MH1ELYFYMFTZCKW.
MLA: U.S. Supreme Court. "Syllabus." Alaska Indus. Bd. v. Chugach Elec. Assn., Inc., 356 U.S. 320 (1958), in 356 U.S. 320, page 356 U.S. 321. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=MH1ELYFYMFTZCKW.
Harvard: U.S. Supreme Court, 'Syllabus' in Alaska Indus. Bd. v. Chugach Elec. Assn., Inc., 356 U.S. 320 (1958). cited in 1958, 356 U.S. 320, pp.356 U.S. 321. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=MH1ELYFYMFTZCKW.
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