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State Alaska v. Louis Cacioppo

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eBook details

  • Title: State Alaska v. Louis Cacioppo
  • Author : Supreme Court of Alaska
  • Release Date : January 21, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

Louis Cacioppo was permanently disabled as a result of three separate injuries. Two of those injuries were suffered during
the course of his employment for the City of Ketchikan Fire Department, and the other was a nonoccupational injury. Cacioppo's
application for occupational disability benefits was denied by the Public Employees' Retirement Board (PERB) based on its
determination that the nonoccupational injury caused his disability. The superior court reversed. The PERB appeals the superior
court's finding that there was not substantial evidence to support the PERB's determination. It also appeals the trial court's
award of actual attorney's fees to Cacioppo. We affirm the decision of the superior court except as to its award of actual
attorney fees. I. Factual and Procedural History Louis Cacioppo was employed as a fire protection specialist for the City of Ketchikan Fire
Department (KFD) from June 7, 1981 through July 5, 1987. His position required him to be in good physical condition. All firefighters
were tested annually to ascertain that they were capable of performing the rigorous work required of them. Cacioppo achieved
a high level of physical fitness by maintaining a strenuous conditioning program.


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