Trudell v. Hibbert, 299 P.3d 1279

Trudell prevailed on his claim that Hibbert were project owners under the Alaska Workers' Compensation Act.
Trudell petitions rehearing after an order awarded only nominal attorney's fees on appeal.
The court considers whether Alaska Rule of Appellate Procedure 508(g)(2) should cover an appeal from the superior court to determine project owner status.
Court holds that Rule 508(g)(2) policy supports full reasonable fees on appeal to recover time and expense, applying to superior court appeals as well as administrative ones.
The court analyzes Smith v. State and Crawford & Co. v. Vienna; declines Smith in light of Crawford & Co.'s approach to fee policy in related contexts.
Given uncertainty about procedure and coverage, and that Trudell foreclosed a lien with no Board jurisdiction, Crawford & Co. governs rather than Smith.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Should Rule 508(g)(2) apply to the superior court appeal on project owner status?	Trudell entitled to full appellate fees under policy of Rule 508(g).	Limited to administrative appeals; not applicable to superior court status questions.	Yes; rule policy applies to this appeal.
Do Crawford & Co. and Whaley govern fee recovery over Smith in this context?	Crawford & Co. supports awarding fees to prevailing party; Smith is distinguishable.	Smith should control unless Crawford & Co. overrules; policy may differ for this case.	Crawford & Co. controls; Smith is not dispositive.
Would awarding fees under Rule 508(g)(2) violate due process as an expansion after the fact?	Constructive notice exists via cited cases; fee entitlement should extend to this appeal.	No, due process is satisfied by notice and opportunity to contest costs.	Not a due process violation; constructive notice adequate.

Alyeska Pipeline Serv. Co. v. State, Department of Environmental Conservation, 145 P.3d 561 (Alaska 2006) (constructive notice suffices for costs in regulatory proceedings)
Wien Air Alaska v. Arant, 592 P.2d 352 (Alaska 1979) (full attorney's fees in WC appeal awarded; supports policy of fee recovery)
Crawford & Co. v. Vienna, 744 P.2d 1175 (Alaska 1987) (applies Whaley policy in superior court class-action context; retroactivity via class action)
Whaley v. Alaska Workers' Compensation Board, 648 P.2d 955 (Alaska 1982) (routine fee awards undermine purposes of the statute; restrict unless frivolous or bad faith)
Anderson v. Alyeska Pipeline Serv. Co., 234 P.3d 1282 (Alaska 2010) (defines 'project owner' under AS 23.30.045)