LEWIS-WALUNGA v. Municipality of Anchorage
2011 Alas. LEXIS 26
| Alaska | 2011Background
- Judith Lewis-Walunga was injured in 2004 while employed by the Municipality of Anchorage.
- The Municipality controverted her workers’ compensation claim and attorney William Soule appeared for her before the Board.
- The Board held a April 2008 hearing on multiple issues including additional TTD, additional PPI, medical benefits, penalties, and attorney’s fees.
- In October 2008 the Board awarded $27,244 in fees, a 30% reduction from the requested amount, after finding the fees were somewhat excessive for the benefits awarded.
- Lewis-Walunga appealed to the Alaska Workers’ Compensation Appeals Commission; the Commission remanded, then later denied her attorney’s fees for the appeal, prompting this Supreme Court review.
- The Alaska Supreme Court reversed, holding that Lewis-Walunga was the successful party on appeal for purposes of AS 23.30.008(d) and remanded for an appropriate attorney’s fees award for the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who is the ‘successful party’ on appeal under AS 23.30.008(d)? | Lewis-Walunga is the successful party because she prevailed on a significant issue. | Municipality contends Lewis-Walunga did not prevail on a significant issue; remand alone does not equal success. | Yes; a claimant is a successful party if she prevails on a significant issue on appeal. |
| Was the Commission correct to deny fees for the appeal? | The decision to deny fees was erroneous because Lewis-Walunga sought relief consistent with reversal/remand for a reasoned decision. | The Commission properly denied fees since the relief sought (remand) did not amount to prevailing party status. | No; the Commission erred by not awarding full reasonable fees for the appeal and must award them on remand. |
Key Cases Cited
- Wise Mech. Contractors v. Bignell, 718 P.2d 971 (Alaska 1986) (foundation for reasonable/fully compensatory fees; policy of competent counsel)
- Shehata v. Salvation Army, 225 P.3d 1106 (Alaska 2010) (prevailing on significant issues on appeal = successful claimant; fees for appeal)
- L.D.G., Inc. v. Brown, 211 P.3d 1110 (Alaska 2009) (interpreting appellate fee rules and related standards)
- Wien Air Alaska v. Arant, 592 P.2d 352 (Alaska 1979) (early articulation of compensation/fee considerations)
- Greenwood v. State, 237 P.3d 1018 (Alaska 2010) (discussion of essential elements in legal determinations)