Jack Peck v. Alaska Aeronautical

Jack Peck (Peck) appeals from a decision of the superior court affirming the decision and order of the Alaska Workers Compensation Board (Board). The Board held that Peck should be compensated at the average weekly wage which he earned at the time of his injury in 1964, instead of the significantly greater average weekly wage which he was earning at the time of his permanent total disability in 1982. The principal question in this appeal is whether the Board properly utilized AS 23.30.175(b) rather than AS 23.30.220(3) in computing Pecks average weekly wage for the purpose of establishing his permanent total disability benefits. Also presented are issues of whether an increased award of benefits would unconstitutionally impair the Insurers contract, and whether the Board abused its discretion in awarding Pecks attorneys fees. We reverse.