Burke v. Criterion General Inc., et al.
Annotate this CaseAn apprentice electrician, who was unmarried and had no dependents, was working for a construction project subcontractor when she died in an accident. Her direct employer paid funeral benefits required by the Alaska Workers’ Compensation Act; no other benefits were required under the Act. The employee’s estate brought a wrongful death action against the general contractor and the building owner; they moved to dismiss the action based on the Act’s exclusive liability provisions, which were expanded in 2004 to include contractors and project owners. The estate moved for summary judgment, arguing that the 2004 exclusive liability expansion violated due process because it left the estate without an effective remedy. The court rejected the estate’s argument and dismissed the wrongful death action, entering judgment against the estate. Finding no reversible error, the Alaska Supreme Court affirmed the superior court’s judgment.
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