Settlement With Landowner Doesn't Constitute Election of Comp Remedy

The Alaska Supreme Court ruled that a worker’s mother could continue to pursue a wrongful death action against the putative employer after agreeing to a settlement with the property owner and dismissing her workers’ compensation claim. Case: Seal v. Welty, No. 7494, 12/18/2020, published. Facts: David Michaelson hired Mark Welty to demolish and rebuild a retaining wall at his rental property. Nicholson Tinker worked for Welty at the construction site. In September 2016, the retaining wall collapsed, killing Tinker. Welty had no workers' compensation insurance. Although he ha...