Alaska Workers Compensation: Business Almost As Usual
Despite the pandemic, some people worked and got injured. Insurance companies denied benefits. So, claims are being filed. Below is an update on the current status of workers compensation procedures. The big change is in Second Independent Medical Evaluations. The Board is now scheduling them as of May 26, 2021. See Bulletin 21-03: Workers' Compensation Bulletins (alaska.gov)
As of this writing, the Alaska Workers Compensation Board is “open” but the buildings are locked and most employees are working from home.
Workers Compensation Hearings
Most hearings are being conducted telephonically so there is no need to go the Board's office.
Depositions
Most depositions are being taken on Zoom so you can do the deposition from the comfort of your home or car.
Mediations
Most mediations are being done on Zoom so you don'thave to leave home.
“Independent” Medical Evaluations
When travel was shut down, the insurance companies stopped scheduling “independent” medical evaluations. (Ain’t nothing independent about them.) That changed last summer because they began bringing doctors up to Alaska and also started telemed evaluations. They are also now scheduling these examinations Outside as well.
Second Independent Medical Evaluations
When the insurance doctor disagrees with your treating physician, you can request the Board to appoint its expert to examine your case. This is a “Second Independent Medical Evaluation.” As of May 26, 2021, the Board is now scheduling these examinations.
For more information about SIMEs, check out my blogpost, Negotiating the Maze III: Second Independent Medical Evaluations (SIME) - Keenan Powell, Attorney at Law
Statute of Limitations
All the rules regarding deadlines are still in place so don't delay. If you have delayed, don't drop your case. The time limitation rules are complicated so you may still have a valid claim.
Controversions
If the insurance company refuses to pay benefits, it must issue a controversion notice within a certain period of time. If it doesn’t issue a controversion notice, then its refusal is deemed a “controversion-in-fact.” If you disability benefits are not arriving on time or if the insurer is refusing to pay your medical benefits, whether you have received a controversion notice or not, you have been controverted.
Request a Hearing from Alaska Workers Compensation Board
The pandemic crisis does not excuse injured workers from requesting hearings. The rules for this are complicated. Don’t delay in pursuing your claim
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.