I am honored to represent injured workers.
In 2022, we were again victorious!
Kvernik v The Ohio Casualty Insurance Co. AWCB Dec. No 22-0001 (January 3, 2022)
The Employee injured his calf muscle and Achilles’ tendon while pushing a heavy pallet up a ramp at work. He had surgery to repair the tendon.
The insurance company underpaid temporary total disability (TTD) when it did pay, paid some TTD late, and failed to pay TTD for 12 weeks. It also failed to reimburse for travel expenses incurred to visit his doctor and medical costs the employee was required to pay out-of-pocket.
A claim was filed for an increased compensation rate, payment of unpaid TTD, payment of medical and transportation costs, interest, penalties, and unfair/frivolous controversion.
The Board held that the insurance company’s failure to pay TTD, failure to reimburse for medical and transporation costs, and failure to pay penalties and interest when it late-paid certain benefits was an unfair or frivolous controversion. It ordered that a referral would be made to the Division of Insurance for investigation. Additionally, the Employee won all the benefits he sought.
Employee won!
Guerrissi v State of Alaska AWCB Dec. No 22-0020 (March 23, 2022)
The Employee injured his neck and left shoulder while standing on a ladder, working with his arms overhead, when he turned his head. The doctors diagnosed a rotator cuff tear, SLAP tear, and a cervical disc herniation.
He had neck surgery to repair the herniation. He then had another surgery to repair the shoulder injuries.
After his surgeries, the State sent him to Dr. David Glassman for a “independent” medical evaluation. Dr. Glassman’s opinion was that neck was not injured at work and the shoulder injury was due to degenerative changes.
The State controverted all benefits, relying on Dr. Glassman’s report. The Employee filed a claim.
After two SIME (second independent medical evaluations) – one with a neck specialist and one with a shoulder specialist, the case went to hearing.
The Board ruled:
1. The need for medical treatment for the cervical spine was work-related.
2. The need for medical treatment for the shoulder was work-related.
3. The State was required to reimburse him for medical treatment and transportation costs.
4. The State was required to pay the Employee PPI ratings.
5. The Employee was entitled to penalties and interest for unpaid benefits.
Employee won!
Torres v Zurich American Insurance Co. AWCB Dec. No 22-0021 (March 24, 2022)
The Employee, a roofer, injured both shoulder when he was tearing off a roof. He experienced pain and weakness in both shoulders immediately. He tried physical therapy and when that didn’t improve his condition, he decided to go forward with recommended surgeries. He has not been able to work since the injuries.
The insurance company sent him to Dr. Scot Youngblood for an “independent” medical evaluation. As Dr. Youngblood so often opines, he stated that the Employee’s shoulder injuries were degenerative.
The insurance company controverted benefits, cutting of his medical and disability benefits.
The Employee filed a claim. After a SIME(second independent medical evaluation), the case went to hearing.
The Board ruled:
1. The need for shoulder surgeries was work-related and it ordered the insurance company to pay for both of them,
2. The Employee’s disability was work-related. The Board ordered the insurance company to pay for TTD benefits from the time it was cut off until he recovered from his surgeries.
3. The Employee was entitled to transportation costs for visiting his providers,
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 (in person, telephonic, or zoom), email: keenan@keenanpowell.com or call: 907 258 7663.