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Bustamante v. Alaska Workers' Compensation Board11/29/2002
[No. 5648 - November 29, 2002]
I. INTRODUCTION
Johnnie Bustamante's workers' compensation administrative appeal was dismissed in the superior court due to his failure to pay for the preparation of a transcript of the Workers' Compensation Board proceedings. Because the superior court had the power to waive the transcript requirement, we remand for the superior court to decide whether to waive the requirement in this case.
II. FACTS AND PROCEEDINGS
Johnnie Bustamante worked for both Space Mark, Inc. and Ounalashka Corporation in 1997. Bustamante claimed an injury from the overuse of his hands while working on computers at Space Mark and filed a claim with the Alaska Workers' Compensation Board (the board). Both employers controverted all benefits. The board found that Bustamante did not suffer a compensable injury in the course and scope of his employment with either employer. Bustamante's claims for benefits were denied and dismissed.
Bustamante alleged six errors in his appeal to the superior court. At the time of filing his appeal, Bustamante also filed a request for court-appointed counsel, an extension of time to prepare his appeal, and an exemption from payment of fees. Superior Court Judge Elaine M. Andrews granted Bustamante an exemption from the payment of fees specified in Administrative Rule 9(f)(1). However, Judge Andrews denied Bustamante's request for counsel, stating that "there is no provision to appoint counsel in these cases."
Bustamante was informed several times that, to prepare the record for appeal, he would need to arrange and pay for the preparation of a transcript of the board's proceedings. In response, Bustamante filed a request for a waiver of all costs and fees, stating that he was a disabled student relying on charity to maintain himself. Judge Andrews issued an order stating that all costs and fees that could be waived had already been waived.
The board, having filed a notice of non-participation in the appeal, filed a motion requesting more time to prepare the record on appeal, citing Bustamante's failure to prepare the transcripts. In response to the second notice sent to him by the board regarding the transcript, Bustamante replied:
I agree that ordinarily I would be responsible to provide transcripts to the superior court under Appellate Rule 604(b). However, since the Alaska Workers['] Compensation Board (AWCB) doubts my competency and have not been provided with appropriate legal coun to represent me, I cannot comply with your request.
Since AWCB doubts my current mental stability, I simply cannot enter into any agreement to authorize production of the requested transcripts.
Recommend AWCB forward requested transcripts to the superior court as soon as possible.
In addition, please be advised that I am a disabled student currently attending Alaska Pacific University and have no financial resources to produce the requested transcripts.
Space Mark filed a motion to dismiss Bustamante's appeal with prejudice on the grounds that Bustamante had "not paid for or accepted responsibility for the payment of preparation of a transcript." Ounalashka filed a nonopposition to Space Mark's motion to dismiss. Superior Court Judge Donald D. Hopwood dismissed Bustamante's case without prejudice. Bustamante appeals.
III. STANDARD OF REVIEW
We exercise our independent judgment when interpreting the civil rules, "adopt the rule of law that is most persuasive in light of precedent, reason, and policy." The decision to appoint counsel for a civil litigant is a procedural decision, which we revi
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