Alaska High Court Sends Arsenic Claim Back for Reconsideration

JUNEAU, Alaska - The Alaska Supreme Court has vacated a workers' compensation board's decision to deny benefits to a fertilizer plant worker claiming arsenic exposure and said the board should explain its findings on remand. Pietro v. Unocal Corp., No. S-13500 (Alaska Sup. Ct.).

The high court's June 25 opinion did affirm the Alaska Workers' Compensation Board's finding that the employer had rebutted the presumption of compensability, meaning the worker must prove his claim by a preponderance of the evidence.

Paul D. Pietro sought workers' compensation benefits from Unocal Corp. after being diagnosed with peripheral neuropathy in his feet, alleging …