Complex Regional Pain Syndrome (CRPS) is nasty stuff. In every day terms, it happens when the body's nervous system overreacts to an injury. It can happen to an injury as slight as a broken toe.
Also known as "reflex sympathetic dystrophy (RSD)," it was first diagnosed during the American Civil War. https://en.wikipedia.org/wiki/Complex_regional_pain_syndrome
Since that time, data has been collected and treatments have been developed but there is no known cure. The patient will suffer pain and motor dysfunction for the rest of his or her life.
Not only does the patient suffer extreme pain in a body part, that body part will also change color, swell (edema), have a different temperature, develop a different hair pattern, the nails will grow differently, and there will be weakness and disrupted motor function. These are all objectively measurable changes. In other words, even though there is no x-ray or MRI that can point to what is causing the pain, other physical symptoms support the diagnosis.
This is what happened in Harrison v Liberty Northwest, AWCB Dec. No 20-0008 (2/26/20). http://appeals.dol.alaska.gov/docs/workerscomp/2020/D&O%2020-0008.pdf
Mr. Harrison was working at a camp when a bear broke in to the building. He ran away, as one would. As he was running his toe caught on something and was fractured.
The toe was splinted but the fracture took an unusually long time to heal. Once it did, he still suffered pain. Eventually his doctors diagnosed him with CRPS.
Liberty Northwest hired Dr. Dennis Chong, who has spent most of his career working for insurance companies. For more information on Dr. Chong, check out my blog post here: https://www.keenanpowell.com/blog/2019/04/29/gang-of-seven-episode-iii-dennis-chong-md-career-insurance-doctor/
Dr. Chong performed an "independent" medical evaluation and wrote a report stating that there was nothing was wrong with Mr. Harrison, he didn't need any more treatment, and he could go back to work. Based on that report, Liberty Northwest controverted his benefits. They cut off his disability payments and medical treatment.
We filed a claim, obtained a second independent medical evaluation, and went to hearing.
The Board disagreed with Dr. Chong. In fact, the Board found that Dr. Chong's testimony was inadequate to rebut the presumption that Mr. Harrison was entitled to benefits and further that Dr. Chong's deposition testimony supported the need for medical treatment. The Board also awarded TTD because it found Dr. Chong's report failed to rebut the presumption.
The Employee won!
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.