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Excursion Inlet Packing Co. v. Ugale6/11/2004
[No. 5814 - June 11, 2004]
The decision of the superior court reversing the decision of the Alaska Workers' Compensation Board is AFFIRMED, for the reasons expressed in the superior court's opinion set forth in the appendix.
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE
ANTONIO L. UGALE (deceased), Appellant, v. EXCURSION INLET PACKING CO. and ALASKA NATIONAL INSURANCE CO., Appellees.
Case No. 3AN-01-12796 CI
Decision on Appeal
Excursion Inlet is a narrow bay off Icy Strait, located some thirty-five miles west of Juneau and twenty-five miles north of Hoonah. Antonio Ugale began working there for his third summer on June 24, 1999, but quit about three weeks later. No available flights out were scheduled that day, and by the time one arrived, he was missing. His body was found later that day, July 15, in the boat harbor. While the medical examiner determined that he drowned, the manner of death is unknown. His family argues that Excursion Inlet is a remote location, that he was waiting on an employer-provided flight out, that his death arose out of his employment and therefore should be presumed compensable. The employer responds that he had already quit, was not on its premises when he disappeared, and that the remote site doctrine has been abrogated by statute. The Board agreed with the employer, with one member dissenting.
Facts and circumstances.
As with too many Alaska tragedies, exactly what happened will likely never be known. Mr. Ugale was Filipino, as were most of his co-workers, and at the time of his death, they were working sixteen-hour days. He was married and had three children, two of whom are still under age eighteen.
While his wife said they were happy and he didn't suffer from any mental problems, there is some conflicting information as to what was going on in the days and hours before he died. His brother Alfredo testified (in a Tagalog dialect, through an interpreter) that Antonio was being threatened by a co-worker named Edwin Pacada, that he was afraid to sleep in the bunkhouse his last night there; he allegedly told Esteban Echavarre that someone had threatened his brother's life. Mr. Echavarre recalled that when they spoke two days before he died, he seemed nervous and scared, and mentioned a problem with co-workers.
Mr. Ugale's supervisor, Melanio Ancheta, said that he heard that Mr. Ugale was afraid, although in general he did not seem to know why he quit his job in mid-season. The separation notice prepared by the company listed the reason for leaving as "Family problem and I can't sleep well during at night and feel a nervous."
The personnel manager, Mr. Henricus, confirmed this impression in his testimony.
Like the foreman, M r. Henricus didn't seem to know exactly what to make of Mr. Ugale's demeanor. He recalled that he kept repeating himself and shaking hands, and "I kind of felt he was not in, you know, his best senses really." The company nurse, who saw Mr. Ugale a week before he died, also couldn't really tell us what was wrong with him, advising him at the time to try to get some sleep, but she also reported that Alfredo Ugale came to her concerned about his brother, saying he was "sick in the head." The Trooper's report, however, based on interviews, referred to Mr. Ugale as depressed and despondent, and the overall impression suggested paranoia; the family argues that this was based entirely on lay reports from company employees.
In any event, Alfredo Ugale decided to accompany his brother on the trip home, and Mr. Henricus
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