Holmberg v. State, Division of Risk Management
Supreme Court of Alaska
796 P.2d 823 (Alaska 1990)
The Alaska Workers' Compensation Board (AWCB) denied Karen Holmberg (plaintiff) permanent disability benefits, and she appealed that ruling to the superior court; while that appeal was pending, a separate proceeding before the Public Employees Retirement Board (PERB) awarded her the occupational disability benefits she sought there, and PERB's decision was never appealed. Holmberg supplemented her AWCB appeal record with the favorable PERB decision, arguing its factual findings precluded affirming the AWCB ruling, but the superior court disagreed and affirmed AWCB anyway.
Whether a later judgment that is not appealed can be treated as the controlling first final judgment for res judicata purposes over an earlier judgment that is on appeal.