JANA S. STEPHENS v. NORTON SOUND HEALTH CORP
ALASKA WORKERS' COMPENSATION BOARD
P.O. Box 25512 Juneau, Alaska 99802-5512
JANA S. STEPHENS,Employee,
Petitioner,
v.
NORTON SOUND HEALTH CORP,
Employer,
and
ACE PROPERTY & CASUALTY INS CO,
Insurer,
Defendants. / )
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DECISION AND ORDER
AWCB Case No. 200021463
AWCB Decision No. 01- 0093
Filed with AWCB Fairbanks, Alaska
on May 8, 2001
We heard the employee's Petition, requesting a change of venue, on the basis of the written record in Fairbanks, Alaska on April 19, 2001. The employee represents herself. Attorney Michael Budzinski represents the employer and insurer ("employer"). We closed the record when we met on April 19, 2001.
ISSUES
Shall we order a change of venue, transferring the case from Fairbanks to Anchorage under 8 AAC 45.072, based on a petition by the employee?
CASE HISTORY AND SUMMARY OF THE RELEVANT EVIDENCE
The employee injured her left shoulder catching a falling patient, while working as a Registered Nurse for the employer in Nome, Alaska on or about March , 2000. She came under the care of Larry Levine, M.D. The employer filed a Report of Occupational Injury or Illness, signed by the employee on October 24, 2000. In that report the employee asserted she completed an incident report for the employer at the time of the injury. The employer filed two Controversion Notices on November 28, 2001, asserting the employee failed to give timely notice of the injury (apparently referring to AS 23.30.100), and denying medical benefits.
The employee filed a Workers' Compensation Claim on March 7, 2001, claiming medical benefits, penalties, and interest. The employer filed an Answer, dated March 23, 2001, denying the claimed benefits under AS 23.30.100.
The employee also filed a Petition requesting we transfer the venue of the claim from Fairbanks to Anchorage. The petition did not cite any reason for the request to change the venue. We note the record reflects the employee now resides in Anchorage, the employer is located in Nome, the insurer's contact address is located in Portland, Oregon, and the employer's attorney practices in Anchorage. The employee filed an Affidavit of Readiness for Hearing on March 7, 2001. In accord with 8 AAC 45.070(b)(1)(D), Workers' Compensation Officer Sandra Stuller set the petition for a hearing on the basis of the written record on April 19, 2001. The employer filed an Answer to Petition on March 27, 2001, indicating it does not oppose the venue change.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
8 AAC 45.072 provides, in part:
A hearing will be held only in the city in which a division office is located. Except as provided in this section, a hearing will be held in the city nearest the place where the injury occurred and in which a division office is located. The hearing location may be changed to a different city in which a division office is located if . . .
(1) the parties stipulate to the change;
(2) after receiving the party's request in accordance with 8 AAC 45.070(b)(1)(D) and based on the documents filed with the board and the parties' written arguments, the board orders the hearing location changed for the convenience of the parties and the witnesses... or
(3) the board or designee, in its discretion and without a party's request, changes the hearing's location for the board's convenience or to assure a speedy remedy.
According to the evidence available to us, the employee, her physician, and the employer's attorney are located in Anchorage. The employer is in Nome, and the insurer is out-of-state. The parties have offered no explicit arguments regarding the reasons to change the venue. The parties do not appear to dispute the change of venue, but no venue stipulation has been filed under 8 AAC 45.072(1).
Based on our review of the record, we find no parties or witnesses are in Fairbanks. It also appears that Anchorage would provide a more convenient venue for the potential need for airline connections for the employer and its insurer. Under 8 AAC 45.072(2), we find that changing the venue of this case to Anchorage will better serve the balanced interests of the parties and witnesses. Under 8 AAC 45.072(3), we find that changing the venue of this case to Anchorage will not materially affect the administrative convenience of the board. Based on these findings, and in accord with 8 AAC 45.072, we will grant the employee's petition to change the venue of this case from Fairbanks to Anchorage.
ORDER
The employee's petition to change the venue of this case from Fairbanks to Anchorage under 8 AAC 45.072 is granted. The venue is changed to Anchorage. We direct the staff of the Workers' Compensation Division to ship the employee's files to the Anchorage office.
Dated at Fairbanks, Alaska this 8th day of May, 2001.
ALASKA WORKERS' COMPENSATION BOARD
/s/ William Walters
William Walters, Designated Chairman
Dorothy Bradshaw, Member
RECONSIDERATION
A party may ask the Board to reconsider this decision by filing a petition for reconsideration under AS 44.62.540 and in accordance with 8 AAC 45.050. The petition requesting reconsideration must be filed with the Board within 15 days after delivery or mailing of this decision.
MODIFICATION
Within one year after the rejection of a claim or within one year after the last payment of benefits under AS 23.30.180, 23.30.185, 23.30.190, 23.30.200 or 23.30.215 a party may ask the Board to modify this decision under AS 23.30.130 by filing a petition in accordance with 8 AAC 45.150 and 8 AAC 45.050.
CERTIFICATION
I hereby certify that the foregoing is a full, true and correct copy of the Interlocutory Decision and Order in the matter of JANA S. STEPHENS employee / applicant; v. NORTON SOUND HEALTH CORP, employer; ACE PROPERTY & CASUALTY INS. CO, insurer / defendants ;Case No. 200021463; dated and filed in the office of the Alaska Workers' Compensation Board in Fairbanks, Alaska, this day of May. 2001.
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Lora J. Eddy, Clerk
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