“The Gang of Seven” blog series, I am reviewing seven of the most relied-upon insurance defense medical examiners: Dr. David Bauer, Dr. Lynne Bell, Dr. Dennis Chong, Dr. Keith Holley, Dr. Stephen Marble, Dr. Patrick Radecki, and Dr. Marilyn Yodlowski. Today, we’re looking at Stephen Marble MD.
If your insurance company sends you to any of these doctors, beware!
Stephen Marble MD is an orthopedic surgeon practicing in Utah. He renewed his license in the beginning of 2019, so expect to see more of him. There are reported administrative opinions involving Dr. Marble’s testimony since 1996 making a comprehensive review impossible. So let’s look at the general trend.
However, some of them do go to hearing and the employee has won despite the insurance company’s reliance upon Holley’s opinion. Following are a sample of such cases which can be accessed on the Alaska Workers Compensation Board website at: http://appeals.dol.alaska.gov/SearchRoot/workerscomp/
Olsen v Sealand Services, AWCB Dec. No 97-0144 (7/1/97). The Employee, a truck driver, twisted his right knee climbing down from a truck. Shortly after he had surgery on the right knee, his left knee began bothering him. He had surgery on that for a torn ACL and medial meniscus. His surgeon believed he had injured the left knee compensating for the right knee injury. The Employer hired Dr. Marble and Dr. Bald who opined that his left knee injury was pre-existing and not work-related.
The Board agreed with the treating surgeon, that the left knee injury was caused because the Employee was compensating for his right knee, therefor the left knee injury was work-related. The Employee won.
Leen v RJ Reynolds, AWCB Dec. No 98-0243 (9/23/98). The Employee injured his back when he fell off a ladder while installing a bay window. He had back surgery and was off work for two years. He went back to work and his back was injured again in a rear-end accident and when erecting a cigarette display rack at Carr’s in Eagle River. On the last occasion he heard a “pop” and experienced immediate pain. The next day, he could not stand up straight and went to surgeon. The Insurer sent him to Dr. Marble who opined that he needed no further medical treatment, could go back to work in medium category and his chronic low back pain was related to pre-existing condition.
The Board gave Dr. Marble’s testimony little weight as compared to the testimony of the two treating physicians. The Employee won continued medical benefits.
Troy v Save-U-More, AWCB Dec. No 01-0042 (3/7/02). In this case, the worker was lifting 50-pound bags of dog food at work when he developed back pain. An MRI showed central disc protrusion at L-45 and mild annular bulging at L2-3 and L3-4. He treated with physical therapy. He worked off and on after that. The Insurer hired Dr. Marble who opined that there was no need for additional medical treatment, his medication was due to pre-existing degenerative disc disease, and that he only suffered a lumbar sprain/strain in the work-event which had resolved. His treating physicians said that his back was injured at work and his treatment was for that back injury. The Board agreed with the treaters. The Employee won.
Miscovich v Tri-Con Mining of Alaska, AWCB Dec. No 04-0091 (4/23/04). The Employee got a puncture wound in his left ankle while stepping down from a loader working at a remote gold mine. He ended up developing an infection and had surgery. Although Dr. Marble agreed that there was a work injury, he found there was no PPI rating. The treating physician found he had a 3% rating. The Board found that Dr. Marble’s report was insufficient to rebut the presumption because he couldn’t rule out the infection was work-related and agreed with the treating physician regarding the PPI rating. The Employee won.
Laframboise v Weldin Construction, AWCB Dec. No 08-0139 (7/29/08). The Employee was driving a front-end loader on the shoulder of the road when the dirt gave away and the loader crashed. He heard his spine snap and was immediately unable to move or feel his legs and he had pain in his chest and upper quadrant. Despite surgery, the injury rendered him paraplegic. Despite that, the Insurer sent him to see Dr. Marble who agreed he had a work injury, awarded him an unheard-of 94% PPI rating and said he could go back to work performing sedentary physical work after he had vocational rehabilitation. The Insurer, Liberty Northwest, reversed its strategy and agreed the Employee was PTD (permanently totally disabled) – after he hired an attorney. The Employee won.
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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.
All consultations are free. To make an appointment, email: keenan@keenanpowell.com or call: 907 258 7663.