John Giske v. Alaska Industrial Board, Halferty Canneries, Inc., and D. K. MacDonald & Co.

Giske appeals from a decision of the United States District Court of the First District of Alaska, affirming an award of the Alaska Industrial Board, hereafter the Board, for his temporary disablement while employed by D. K. MacDonald & Co., hereafter the Employer. The award of the Board was based on Giske’s daily earning capacity of $3.88.

The Chairman of the Board determined the appellant’s average daily earning capacity during the period of his disability was $7.05.

He made the following findings of fact:

Obviously the Chairman did not feel that appellant’s “actual earnings” reasonably represented his earning capacity. § 43-3-1 A.C.L.A.1949. Thus he fixed “such daily wage earning capacity as shall be reasonable.” § 43-3-1. Unlike the case of Brown v. Alaska Industrial Board, 9 Cir., 224 F.2d 680 , the findings made by the Chairman show he did make his findings on those matters which the statute directs him to consider.

On review by the full board the following order was entered:

I. The Findings Of The Board Are Adequate.

Appellant contends that the Board must be reversed because it failed to make findings of fact in accordance with § 43-3-16 A.C.L.A.1949. This- point is…