Sang Suh v. Pingo Corporation

In Cesar v. Alaska Workmens Compensation Board, 383 P.2d 805 (Alaska 1963), we determined the manner by which permanent partial disability awards were to be computed under AS 23.30.190. We reconsidered that determination in Providence Washington Insurance Co. v. Grant, 693 P.2d 872 (Alaska 1985), and concluded that Cesar was erroneous. We overruled Cesar, with the result that awards for permanent partial disability would be increased in some cases. The question now on appeal is the extent to which Grant applies retroactively. We hold that Grant applies retroactively only to controverted cases in which the Workers Compensation Board issued a compensation award on or after January 25, 1985, the date of our decision in Grant ; to uncontroverted cases in which compensation commenced on or after that date; and to all cases, whether or not controverted, in which a compensation order was pending on appeal on that date, provided that the worker argued at the hearing before the Board that Cesar misconstrued AS 23.30.190 and preserved the point on appeal. Accordingly, the trial court is affirmed.