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Chena Hot Springs and Alaska National vs. Barbara Elliott

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Chena Hot Springs and Alaska National vs. Barbara Elliott ( chena-hot-springs-and-alaska-national-vs-barbara-elliott )

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knowledge of the employee’s claim, the employer may renew its petition to dismiss the allowed claim once the nature of Elliott’s claim is better defined.” Id. at 9. Notes: The commission later granted an MER on the issue of defining latent injuries to apply a statute of limitations in Sourdough Express Inc. v. Barron, Alaska Workers Comp. App. Comm’n Dec. Nos. 028 (Jan. 17, 2007) (granting review) and 069 (Feb. 7, 2008) (deciding the merits). Unlike Chena Hot Springs, no remand was necessary in Sourdough and Sourdough included a second issue that the commission decided to review, whether invalid controversions trigger the running of a statute of limitations. The commission’s MER regulations, 8 AAC 57.072, .074, .076, were repealed effective 3/27/11. The commission enacted new regulations, 8 AAC 57.073, .075, .077, effective 12/23/11, providing for petitions for review of non-final board decisions based on similar but not identical criteria as those under the MER regulations. 2

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