Back in October, I reported on the two wins in this case before the Alaska Workers Compensation Board. In Gillion v Berkshire Hathaway D&O 17-0089 (7/31/17), the Employer disputed whether the Employee’s back injury was work-related right up until the morning of the hearing at which time the defense firm, Holmes, Weddle & Barcott, conceded that the injury was work-related. This happens more than one would expect.
In the decision, the Employee won the issue of work-relatedness (causation and compensability), medical benefits, back temporary total disability (TTD) for the periods of time he missed work due to his injury, a compensation rate increase and penalties and interest on underpaid compensation as well as late-paid per diem to attend the Board’s Second Independent Medical Evaluation (SIME). However the Board neglected to rule upon the Employee’s request for travel and denied TTD for the work he missed to attend the SIME.
We then filed a petition for reconsideration which was ruled upon 10/16/17, Gillion v Berkshire Hathaway D&O 17-0120. In that decision, the Board admitted that it overlooked the travel and misapplied the law as to TTD. It ruled in his favor and awarded him travel benefits as well as three days of missed work to attend the SIME.
We filed an appeal of denial of attorneys fees and challenged the adequacy of Dr. Bauer’s “IME” opinion. The Employer cross-appealed upon the award of three days of TTD for attending the SIME appointment. The Alaska Workers’ Compensation Appeals Commission ruled in Final Decision 253 (8/28/18) that the Board must award additional attorneys fees because the Employer had resisted the SIME, that Dr. Bauer’s “IME” opinion was adequate under old law, but would have been inadequate under new law, and that the Employee was entitled to the three days of TTD for the SIME appointment.
Win, win, win!
Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 35 years and has dedicated her practice to Workers Compensation representing injured Alaskans handling hundreds of cases. www.keenanpowell.com.
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