Libby, McNeill & Libby v. Alaska Industrial Board

This is an appeal from a judgment of the district court affirming an award of partial temporary disability to Landro by the Alaska Industrial Board, hereafter called the Board. It is unquestioned that Landro, on July 5, 1948, was injured in his back by two falls while serving the appellant. The affirmed award of $2577.96 by the Board was for a 65% temporary disability from July 5, 1948, to May 20, 1949. The court awarded by way of damages an attorney’s fee of $200 for services to Landro in that court.

The appellant contends there are no facts in evidence to support the Board’s award unless the unverified letters of Landro’s physicians were considered, and that under the Alaska law the facts in these letters cannot be made the basis of an award. The contention is not based on the ground that a territory is prohibited by the federal Constitution from providing that its administrative agency may base its decisions on such evidence. We know of no such constitutional provision. Nor is the territorial legislature covered by the Administrative Procedure Act, 5 U.S.C.A. § 1001 (a).

Under section 43-3-14 of Alaska Compiled Laws “The Industrial Board may make rules not inconsistent with…