Bockus v. First Student Services

School bus driver and appellant Jonathan Bockus injured his back moving a gate. He had two spinal surgeries, and his surgeon ultimately recommended a third. About the same time, the driver’s employer scheduled a medical examination, which delayed the planned surgery: the driver’s surgeon would not schedule the surgery while the employer’s medical evaluation was pending. So the driver filed a workers’ compensation claim for the third surgery, and the employer’s doctor ultimately agreed another surgery was appropriate. The Alaska Workers’ Compensation Board awarded the driver his attorney’s fees under AS 23.30.145(b), finding the employer had resisted these benefits, but the Alaska Workers’ Compensation Appeals Commission reversed the fee award. The Supreme Court concluded there was substantial evidence supporting the Board’s finding and therefore reinstated the award. View "Bockus v. First Student Services" on Justia Law