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Alaska high court revives comp mental distress, retaliation claims - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Alaska high court revives comp mental distress, retaliation claims by Louise Esola Workers Comp , Workers Comp Coverage Mar 31, 2026 The Alaska Supreme Court on Friday revived multiple claims related to a workplace injury and associated mental distress allegations, finding they were not barred at the pleading stage by the exclusive remedy provisions of the state’s workers compensation law. In No. S-19180, the court reversed a lower court’s dismissal of claims, including intentional infliction of emotional distress, whistleblower retaliation and defamation. The case stemmed from a teacher’s injury sustained while taking out the trash at employer-provided housing in a remote Alaska village. After the employer asserted workers compensation as the exclusive remedy and moved to dismiss, the trial court threw out the complaint in its entirety. The Alaska Supreme Court, however, said dismissal under state law was improper because key issues, including whether the injury arose out of and in the course of employment, are fact-dependent. The court allowed the mental distress claim to proceed, holding that the exclusivity bar does not automatically apply where an employer is alleged to have acted intentionally or in bad faith in handling an injury. The claimant alleged the employer deliberately delayed reporting the injury and denied assistance, conduct the court said could fall within a recognized exception for intentional torts tied to claims handling. The high court also reinstated retaliation and wrongful termination claims related to complaints about workplace conduct, emphasizing that disputed factual issues cannot be resolved on a motion to dismiss. However, the court affirmed the dismissal of a standalone workplace safety claim, finding it is either preempted by workers comp law or inapplicable depending on whether the injury is ultimately deemed work-related. The case was remanded for further proceedings. 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