At the Law Office of Keenan Powell, we received a number of favorable decisions from the Alaska Workers Compensation Board in 2021. Below are two significant wins:
Brown v Titan Medical Holdings AWCB Dec. No. 21-0081 (9/8/21)
The Employee fell on icy stairs at her employer-provided housing while she was on her way to work, injuring her back, right hip, right knee, and right shoulder. Most of her injuries resolved within a few months, but surgery on her right shoulder was recommended on October 14, 2020.
On January 20, 2021, the Employer controverted her benefits relying upon an opinion from Dr. Pino, its “independent” medical evaluator, having failed to read or understand his report. Dr. Pino had performed an evaluation the prior summer and found that the right shoulder condition was caused by the work injury and that recommended treatment was reasonable and necessary. The insurance company failed to attach a copy of Dr. Pino’s report to the controversion.
A claim was filed on her behalf by this office for unfair controversion and for a compensation rate adjustment as the adjuster had purposefully selected a year when the Employee made the least amount of money to calculate her benefits. Dr. Pino’s report was demanded. When it came in, the undersigned emailed opposing counsel, pointing out to him that his expert had agreed with the treating physicians. The insurance company immediately lifted the controversion of right shoulder benefits.
The case went to hearing on July 15, 2021. The Alaska Workers Compensation Board held:
1. Work was the substantial cause of the Employee’s disability and need for medical treatment,
2, The Employee was entitled to medical benefits and transportation costs,
3. The Employee was entitled to a compensation rate adjustment.
4. The insurance company had committed unfair or frivolous controversion and was referred to the Division of Insurance.
Nelson v State of Alaska, AWCB Dec. No 21-0092 (9/27/21)
This case has a long and storied past.
The Employee injured his neck at work in 2015. In early 2016, the Employer controverted benefits relying up a report by its “independent” medical evaluator, Dr. Craven. A claim was filed together with a petition for second independent medical evaluation. In late 2016, the Employee was seen by Dr. Scarpino in Hawaii who reported that the neck pain was caused by the work event. After that report, the Employer withdrew its controversion and the Employee had neck surgery.
In 2019, the Employer obtained another “independent” medical evaluator, this one from Dr. David Bauer. Dr. Bauer reported that the ongoing neck pain was not work-related. The Employer did not controvert at the time of the report.
In late 2020, the Employee’s doctor said he needed another neck surgery. The Employer refused to authorize the surgery. In early 2021, the undersigned filed a claim on the Employee’s behalf.
The Employer had a third “independent” medical evaluation, this one by Dr. Bauer, performed in April of 2021. He again stated that the need for treatment was not work-related.
A petition for second independent medical evaluation (SIME) was filed by the undersigned in May of 2021. The Employer objected to a SIME so the petition went to hearing.
The Board granted the Employee’s petition for SIME and ordered that it would be performed by Dr. Scarpino, who had performed the first SIME.
What Are Your Rights? Find Out Now
You don’t need to wait until your claim is controverted to speak with an attorney. Find out your rights are and what you should be looking out for.
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.