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When you are injured at work, your employer's insurance company is required to pay 100% of your medical benefits. All you need to do is tell the doctor's office the name of the insurance company. The doctor's office will know who to contact to get paid.

If you have paid any expenses out of pocket, including prescriptions, for your treatment, you are entitled to be reimbursed by the insurance company. To obtain the reimbursement, you need to send copies of the receipts to the adjuster. Sending it certified mail is best so you can prove what date you sent them. If the reimbursements are late, you are entitled to a penalty.

You are entitled to treatment for your work-related injury as long as is necessary to cure, or improve, your condition. You may also be entitled to "palliative care" after your condition has reached maximum improvement. "Palliative care" is care which alleviates pain.

If you have any questions regarding your case, the Law Office of Keenan Powell provides free consultations regardless of whether or not you have been controverted.   To contact Keenan Powell, use the contact form on this page or call 258-7663.

For more information about Workers Compensation, see: http://www.keenanpowell.com/faq‑wc.html.

Free consultations.

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If your TTD check is late, you are entitled to 25% penalty. The first payment from the insurance company is due 14 days of it learning that you are disabled. That means that it needs to have a note from the doctor in its file. The payment is late if it is mailed 7 days after it became due.

After the first payment is due, if your disability continues, then the subsequent payments are due every 14 days.

It sounds straightforward but it isn't. First, the insurance company needs the doctor's note in its file before it must pay you TTD. The doctor does not send the note to the insurance company. That is the injured worker's job. If you don't know who the insurance company is, deliver it to your employer.

The next issue is proving you gave it to your insurance company or your employer. The best proof is a receipt signed and dated by whomever you gave the note to.

The next problem is that these doctor's notes often expire. If the doctor wrote you off work until the next follow up visit, it's your job to get another work release from him at that follow up visit and deliver it to the insurance company or your employer. And keep the proof of that.

The next problem is proving the  payment was late. Keep the envelope the check came in. Make a xerox of the check. The check should be dated. The envelope should have a post-mark.

So in sum these are the things you need to prove that the TTD check was late and that you are entitled to penalties:

  1.  A doctor's note saying you cannot work,
  2. Proof that you delivered the doctor's note to the insurance company or your employer,
  3. Copy of the late check,
  4. The envelope the late check arrived in.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans. www.keenanpowell.com.

All consultations are free. To make an appointment, use the contact form on this website or call: (907) 258-7663.

 

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Someone asked me today why I give free consultations.

gavel-booksI do that because injured workers are usually broke. It's bad enough they can't afford to support themselves or pay for medical treatment, they shouldn't have to pay for legal advise.

And if they don't have free access to information, they won't have a chance to fight their case.  And that's what the insurance companies want. They want to starve out injured workers to make them go away.

So I'm happy to review cases for free whether or not the injured worker has been controverted yet.  Sometimes a little advise before a problem arises will help the injured worker to avoid some of the pitfalls.

If I take the case, it's on a contingency fee basis which means I'm only paid by the insurance company at the end of the case if we are successful.  The injured worker is never responsible for paying my fees.

For a free consultation, call Keenan Powell at 258-7663.

 

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Notice anything odd flying overhead? It’s not your imagination. The Municipality of Anchorage is using drone surveillance to spy on employees who file workers compensation claims.

drone

In the case of Manley v MOA, AWCB Decision No 15-0009, MOA used a drone to follow around an injured employee and claimed that the surveillance proved that he was in the business of buying and selling stuff (as opposed to selling stuff off because he needed the money). Because MOA said it had proof he was running a business, it wanted to access to all of his cell phones, computers, bank records and Pay Pal accounts.

The Alaska Workers Compensation Board said no.  It found that the MOA’s request was a “fishing expedition” (“an indiscriminate, far-reaching and speculative net with the hopes of ensnaring some relevant information”) and violated the employee’s constitutional right to privacy.

Meanwhile MOA gets to use the drones.  And so will any other employer. Be warned and beware.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans. www.keenanpowell.com.

All consultations are free.  To make an appointment, use the contact form on this website or call:  (907) 258-7663.

 

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In Alaska Workers Compensation law, you are entitled to one change of physician. And you must notify the insurance company no later than 14 days after you changed physician. medical-stuff

There are stiff penalties if you make excessive changes of physician. Subsequent physician opinions are inadmissible before the Board and the insurance company will never have to pay that doctor's bill or reimburse you or another insurance company for that treatment.

Seeking a "second opinion" is a change of physician. If you receive any treatment or advice or an opinion or any type of service from a physician, it counts.

Some changes of physician do not count against the Employee:  emergency room visits, referrals from one physician to another, referrals made by the employer, insurer or nurse case manager or changes to which the insurance company consents in writing.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans. www.keenanpowell.com.

All consultations are free.  To make an appointment, use the contact form on this website or call:  (907) 258-7663.

 

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In a workers compensation case, why hire an attorney instead of a non-attorney representative?

The first and most obvious reason is that an attorney cannot accept money from an employee for a workers compensation case. If the case is won or settled, the attorney is paid by the insurance company. By contrast, non-attorney representatives take money from the employee -- win, lose, draw.

The second reason is experience. Attorneys know what can go wrong because of their experience and can head problems off at the pass. A non-attorney doesn't have that experience, can make serious mistakes and turn what should have been a case of delicate negotiations into an all-out losing war.

The third reason is training. Attorneys have a comprehensive knowledge of law, procedure and ethics because they went to law school and are mandated by the bar to take continuing legal education every year. Their superior knowledge is a bedrock for understanding how the workers compensation system works. A non-attorney doesn't know why the compensation system differs or how to borrow from civil court procedure and cases to strengthen the injured worker's case.

The fourth reason is bar admission. An attorney is subject to disciplinary action by the Bar Association in the event that s/he commits a foul. A non-attorney representative probably didn't go to law school and gets off scot-free if s/he malpractices the case.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans. www.keenanpowell.com.

All consultations are free.  To make an appointment, use the contact form on this website or call:  (907) 258-7663.

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The Alaska Workers Compensation Board handed an employee victory on January 5, 2016 in the case of Gerlach v Liberty Mutual Insurance Co, Decision No. 16-0003. In that case the employer denied that the claimant was an “employee” as defined by Alaska law.  The Board found otherwise.

fist-pump

Whether an employee is an “employee” or an “independent contractor” determines whether he is entitled to workers compensation benefits. An employee gets benefits. An independent contractor does not.

In applying the six factor “relative nature of the work” test, the Board found there was sufficient evidence to support an inference of an employer-employee relationship. The factors which the Board found decisive in this case were: the remodeling and maintenance of the fishing lodge was a regular part of the business, the employee wasn’t paid enough for him to secure his own insurance, the employee was hired on a continuance basis (rather than for a particular project), the employer exercised control over the employee’s work, and the maintenance tasks required little or no skill.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans. www.keenanpowell.com.

All consultations are free.  To make an appointment, use the contact form on this website or call:  (907) 258-7663.

 

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Employees have no duty to cooperate with a nurse case manager sent by the insurance company. Freeman v ASRC, AWCB Decision No 15-0073 (6/26/15). medical stuff

Think of the nurse case manager as an insurance adjuster with a nursing degree because that is what she is. Her job is to minimize the medical benefits paid for an injured worker. She looks for evidence that the injury may not be work-related in an effort to defeat medical benefits.

And, sadly enough, there is one case documented (and probably more which have not shown up) where the nurse case manager directed the injured worker from one physician to another with whom she had an established professional relationship - a relationship so cozy that the doctor signed letters that had been written by the nurse as if he had written them himself. The evidence in the case tends to show that real reason the nurse sent the employee to that doctor was not because she was trying to secure good medical treatment from him but because she was hoping her favorite doctor would say the surgery wasn't needed or that it wasn't work related.

Under the Freeman case, the nurse case manager has a legal duty to inform the injured worker of her role, of the adversarial nature of workers compensation (i.e. she is working against him), his right to decline her assistance and the possibility and likelihood that the insurance company's and the worker's interest may someday diverge.

If the nurse case manager you're working with hasn't disclosed all of her role etc, you got to wonder what's going on.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans handling hundreds of cases.  A sample of verdicts she has obtained for Employees is found at  http://www.keenanpowell.com/past-verdicts-settlements.

All consultations are free.  To set up an appointment, use the contact form on this website or call:  907 258 7663.

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medical stuffWhen you’re first injured at work, there a three things you need to do.

First, you need to fill out a Report of Injury. Your employer should have that form. If your employer says they don’t have the form or refuses to give it to you, go to the Alaska Workers Compensation Board and tell them that you want to report your injury.  The Board’s office is at: 3301 Eagle Street Suite 304, Anchorage.   In Fairbanks, it’s at 756 Seventh Avenue Station K.   There is a Juneau office as well.  Call them at (907) 465-2790.

Second, if your doctor says you can’t work, then you need to get a disability slip from him.  Some doctors call this slip a “work release”.  You need to give that disability slip to your employer.  If the insurance company has already contacted you, then you should send them a copy.  You need to keep a copy for yourself and make a note of the date when you gave the slip to your employer or the insurer.

Third, you need to pull together your tax records from the previous two calendar years. If you were injured in 2015, then you need to pull together 2014 and 2013.  If you didn’t file taxes, you need to collect all of your W-2s.  You need to give a copy of these records to the adjuster so he or she can calculate your compensation rate.  You should keep a copy for yourself and again make a note of the date you gave this documentation to the adjuster.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans. www.keenanpowell.com.

All consultations are free.  To make an appointment, use the contact form on this website or call:  (907) 258-7663.

 

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It has long been Alaska law that complications as the result of a work-related injury are also workers compensation injuries and the insurance company must pay for all benefits caused by the complications as well as the original injury.  Kodiak Oilfield Haulers v Adams, 777 P 2d 1145 (Alaska, 1989).

In the Adams case, the injured worker was involved in an automobile accident while he was driving home from a doctor’s appointment which aggravated his work-related back injury.  The Board held that the motor vehicle accident injury was compensable and the Alaska Supreme Court affirmed it.

In Dupius v Glacier Seamless, AWCB Decision No 11-0103 (7/19/11), a worker cut his finger at work, had it treated in an emergency room and picked up a staph infection in the wound.  The Board held that the employer was responsible for the treatment of the staph infection as well as the cut.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans handling hundreds of cases. www.keenanpowell.com.

All consultations are free.  To make an appointment, use the contact form on this website or call:  907 258 7663.