Louie v. BP Exploration (Alaska), Inc.

Summary

The Alaska Supreme Court affirmed the Alaska Workers’ Compensation Appeals Commission’s decision that Richard Louie’s permanent total disability benefits were capped at $700 per week under the version of Alaska Statute 23.30.175 in effect on the date of his injury. The court held that the statutory calculation provisions involve a two-step process and that the later amendment increasing the maximum compensation rate did not apply retroactively. The court rejected Louie’s argument that the law in effect when his permanent disability was recognized should govern.

Holdings

1. The version of Alaska Statute 23.30.175 in effect on the date of Louie’s injury governs his workers’ compensation claim; the later 2000 amendment does not apply retroactively.
2. Alaska Statutes 23.30.220 and 23.30.175 govern distinct steps in calculating benefits: section .220 determines the employee’s spendable weekly wage, while section .175 then imposes the applicable statutory maximum or minimum. An adjustment under section .220 cannot exceed the maximum compensation rate in effect under section .175 on the date of injury.

Questions Presented

1. Whether the workers’ compensation rate statute in effect when Louie became permanently and totally disabled, rather than the statute in effect on the date of injury, governed his benefits.
2. Whether Alaska Statutes 23.30.220(a)(10) permitted a compensation-rate adjustment that could overcome the $700 maximum in former Alaska Statute 23.30.175(a).

Disposition

affirmed