Alaska Employment Law

U S District Judge Ralph Beistline issued three published opinions on April 28th.

Disability benefits: Beistline affirmed the Commissioner’s denial of disability and SSI benefits, holding 1) while the ALJ erred at Step 2 in holding the claimant’s mental impairments were not “severe,” no remand was called for, because the ALJ correctly evaluated the claimant’s residual function capacity at Steps 4 and 5; and 2) the ALJ had persuasive reasons to reject a Veterans Administration disability evaluation.  Tapia v. Astrue, 2010 WL 1729737 (D.Alaska Apr. 28, 2010).

Timbers sales: Beistline granted summary judgment to the government on environmentalists’ challenges to four timber sales in the Tongass National Forest, finding that the agency took “a hard look” at NEPA  and NFMA requirements.  Greenpeace v. Cole, 2010 WL 1729739 (D.Alaska Apr. 28, 2010).

Insurance proceeds: Beistline denied a Rhode Island bank’s summary judgment motion in which it argued it was a third-party beneficiary of an insurance policy.   Beistline said: “Nowhere in the documents submitted to the Court is the Bank listed as a loss payee for building property damage.  The Bank is listed as a payee for general liability coverage and for loss to business personal property, which does not include real property.”  Adak Fisheries v. ANIC, 2010 WL 1729723 (D.Alaska Apr. 28, 2010).