The Alaska Workers Compensation Board issued a decision in the case of Walker v State, Dec. No 24-0048 (8/22/2024).
The employee worked a physically demanding job for the Department of Transportation as a groundskeeper at the airport. As a result of which, he was injured several times prior to 2023. But he always recovered sufficiently to go back to work – until March 20, 2023.
On March 20, 2023, he was loading ice melt into a pickup truck when his hip and low back popped, causing him pain. He reported the injury. He was diagnosed with lumbar radiculopathy, several central stenosis at L3-4, diffuse bulging on both L5 nerves, and facet degenerative changes causing mass effect on both foraminal L4 nerves. He was placed on work restrictions.
The State sent him to Dr. David Bauer, who diagnosed a lower back strain. Dr. Bauer attributed most of the symptoms to age-related degeneration.
Relying upon Dr. Bauer’s report, the State controverted benefits on July 14, 2023.
A claim was filed on behalf of the Employee on October 10, 2023.
On November 1, 2023, just twenty-two days after the claim was filed, the State agreed it was responsible for the recurrent disc herniation and began paying medical benefits. However, it continued to dispute the hip injury, relying on Dr. Bauer’s report.
TTD payments were consistently late.
On February 26, 2024, the employee was seen by Dr. Jain, a SIME (Second Independent Medical Evaluator). For more information on SIME, see: https://www.keenanpowell.com/blog/2017/08/28/negotiating-the-maze-iii-second-independent-medical-evaluations-sime/
Dr. Jain found that both hips were injured in the course of the employment, and both would need hip replacements.
At the Board hearing on July 9, 2024, the State conceded it was responsible for the bilateral hip and low back injuries and stipulated that it had failed to pay for five days of TTD, and agreed that it owed penalties and interest on the unpaid TTD.
The Board ordered:
- The bilateral hip and low back injuries are compensable,
- The employer shall pay past and future TTD benefits and PPI when the employee is medically stable following bilateral hip replacement surgeries and surgery on his low back. It will also pay transportation costs.
- The state owed the employee interest on late-paid TTD,
- The state owed the employee 25 percent penalty for late-paid TTD,
- The state owed interest on past due TTD,
- The state owed 25 percent penalty on past due TTD,
- The state owed attorneys fees,
- The decision would be sent to the Commissioner as the controversion had been unfair and frivolous.
The Employee won!
Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 40 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, call 907 258 7663 or email keenan@keenanpowell.com.