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Author: Keenan Powell

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Joseph Heller's quote is as true in workers compensation as it is in real life.  There are individuals, and companies, who make a living following around injured employees to "detect" the injured employee acting "not injured".  In fact, the 2013 ACS yellow pages lists at least 19 such companies which is about twice as many orthopedic physicians listed.

Not surprising then that the insurance companies spend a lot of money on defense, and that amount is increasing, as the amount paid to injured workers is decreasing.

So if you were injured at work and you think someone is following you around, you probably right.  Things you should look for: a man or woman walking towards you wearing baseball caps (cameras can be hidden inside), or walking around you carrying briefcases (camera inside) or a newspaper folded under his arm (camera hidden in the newspaper).

You should also be aware of people  in cars.  In the last case where I obtained video surveillance of my client, the "investigators" followed him from his house to his house, video'd him walking into the doctor's office, and out of the doctor's office, smoking a cigarette outside a building, and driving home again. The investigator's report claimed my client did not look injured but when I watched the video, it was obvious that he was.  The Workers Compensation Board agreed with me.

I've also seen videos of my clients pumping gas and carrying milk out of the grocery store.

Try to be aware of nondescript cars or trucks that seem to be everywhere.  Try to be aware of someone sitting in a car outside your home.  Go out, talk to him, get his name, ask him if he's lost or looking for someone, take his photo with your phone, get his license plate number. It's a lousy private investigator who gets caught.

And look for a lawyer because the insurance company is building a case to terminate your benefits.

If you have any questions regarding your case, the Law Office of Keenan Powell provides free consultations regardless of whether or not you have been controverted. To contact Keenan Powell, use the contact form on this page or call 258-7663.

For more information about Workers Compensation, see: http://www.keenanpowell.com/faq-wc.html.

 

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Representative Stoltz (R-Chugiak) is introducing a resolution to elect the state's Attorney General and limit his (or her) terms.

The Attorney General is the highest office for the State's law department.  The person who occupies that office advises the Governor and supervises the law department making decisions on how to staff the law department. For instance when a former Lt. Governor refused to certify any voter petitions to change the law for election, the department of law created an elections section and staffed it.  It seems to have been absorbed since then.

Generally the Attorney General is appointed from a small list of the elected Governor's friends and supporters. The problem with this system is rather than have the Attorney General exercise independent legal judgment and advise the Governor regarding the constitutionality of what he (or she) wants to do, the Attorney General becomes part of the Governor's team and instead seeks ways to advance the Governor's platforms.

So electing an Attorney General would introduce the opportunity for independence between the Attorney General and the Governor.

On the other hand, the person who is elected will be another politician, someone who has the support and funds to campaign and someone who may have higher ambitions thereby introducing the opportunity for someone to use the Attorney General's office to advance his (or her) own career.

In the final analysis, if the Attorney General is elected we might get a good attorney in there.  The current system discourages that.  For more information: http://www.ktuu.com/news/news/resolution-could-make-attorney-general-elected-position/-/21043658/23916646/-/47xfqn/-/index.html.

 

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Chilkoot Charlies is being sued for serving an intoxicated person, who then drove drunk and killed someone:

http://www.ktuu.com/news/news/family-sues-chilkoot-charlies-after-womans-death-in-dui-crash/-/21043658/23813320/-/e40astz/-/index.html

Not surprisingly, Chilkoot Charlies, which makes a fortune from serving intoxicated people, refuses to accept responsibility for the natural consequences of doing so.  It will be up to a jury to decide whether the bar can reap the benefits of its profitable industry without sharing in the responsibility.

Keenan Powell has more than 30 years experience representing injured Alaskans in Anchorage and the Valley. For a free consultation, fill out the contact form or call 907 258 7663.

 

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One commenter on the KTUU story is wondering why details regarding the recent tragic loss of a cyclist have not been made public:  http://www.ktuu.com/news/news/city-streets-an-urban-hazard-for-anchorage-cyclists/-/21043658/23765170/-/ub3nfmz/-/index.html.

The reason is Anchorage Police Department does not release details of an investigation until after a decision has been made about prosecution.  If APD determines that the vehicle driver was in the wrong, then he or she could well be facing vehicular manslaughter charges, a homicide.  It will probably be several  weeks before the decision is made.  APD has probably interviewed all of the witnesses, inspected the car and bicycle and possibly taking blood tests of both the victim and the driver.  When the investigation is completed, APD will meet with the District Attorney's Office and the DA will decide whether to press charges.  If the DA prosecutes, it will alert the media.

Meanwhile, despite some mean-spirited comments on the KTUU site, cyclists are entitled under the law to use the streets as well as vehicles.  And vehicles under the law have a duty to keep a proper lookout.  And there is no duty under the law which requires users of the roads to proceed at the speed limit.

In fact,  the speed limit posted is the maximum speed limit for  good conditions.  Many, many people are receive tickets for driving less than the speed limit when road conditions are bad.  And, in turn, these people can be held liable for causing injuries or death to another if they exceeded a safe speed for the conditions.

Another issue in cyclist safety is the "right hand hook".  Many drivers fail to stop before turning right, fail to look both ways to ensure the traffic is clear.  Many drivers, if they do stop, roll past the white line designated for a stop and roll past the stop sign when they do stop.  That is the reason so many people ride in the street rather than sidewalks so that they can see the "rolling stops" from a distance.

For a complete list of the applicable laws, see http://www.muni.org/Departments/OCPD/Planning/AMATS/Documents.  Search for the Adopted Bicycle Plan Appendices.

If you are riding your bike and are injured in a collision with a vehicle, call a personal injury attorney.  Contact Keenan Powell: keenan@keenanpowell.com, (907) 258-7663.

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SettersphotoWhen you're in a car accident, the second thing you need to do (after reporting the accident) is to see a doctor. Many people feel fine immediately after an accident only to learn in the coming hours and days that they were indeed injured.   It's typical to feel beaten up with strain/sprain injuries (also known as "whiplash") and it is common for  injured persons to suffer pain and stiffness for weeks or longer after an accident.  A medical doctor can prescribe anti-inflammatories, muscle relaxants and/or physical therapy that will speed recovery.  If your injury persists, you need to go back to the doctor for further evaluation (MRI, X-ray etc) to determine whether you suffered a more serious injury.

Many people ask whether the value of their settlement is determined by the costs of medical treatment.  The answer is: sometimes.  Many people have heard an urban myth that their settlement is worth three times their medical bills, so they treat unnecessarily to drive up the cost of the settlement.  Insurance adjusters see through that.  They've heard the same urban myths.

The only legitimate reason to obtain treatment for an injury is because you need it to either recover from the injury or to alleviate pain or disability.  Obtain the treatment that you need and only the treatment that you need and worry about the settlement later.

For more information, visit FAQ page at  keenanpowell.com: http://keenanpowell.com/faq-mva.html.

Keenan Powell has more than 30 years experience representing injured Alaskans in Anchorage and the Valley. For a free consultation, fill out the contact form or call 907 258 7663.

 

 

 

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A bicyclist was killed today crossing Northern Lights at 2:30 in the afternoon.  http://www.ktuu.com/news/news/cyclist-dies-after-getting-hit-crossing-midtown-intersection/-/21043658/23747610/-/7ilv1k/-/index.html

Everyone who uses the roads needs to be sensitive to the presence of cyclists.  The  cyclists need to be aware of their surroundings and avoid risk taking.  Vehicle drivers need to remember that cyclists, as well as pedestrians and wildlife, are entitled  to the use of roads and will at times get in the way.  Depending on the circumstances, the driver could well be legally responsible if he strikes a cyclist and, more importantly, will live with the consequence of his actions for the rest of his life. If you don't care about the well being of other people on the road, then you should consider how the a tragic accident will impact the life of the negligent driver.  Possible criminal charges, jail, attorneys fees,  fines, loss of driving privileges are just the beginning.

For a complete list of the applicable laws, see http://www.muni.org/Departments/OCPD/Planning/AMATS/Documents.  Search for the Adopted Bicycle Plan Appendices.

If you are riding your bike and are injured in a collision with a vehicle, call a personal injury attorney.  Contact Keenan Powell: keenan@keenanpowell.com, (907) 258-7663.

 

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gavel-booksFor many years, I have been proud of my role as a trial attorney in making a difference in people's lives.  I have helped people overcome tragedy and I have helped people begin new lives.  I have helped people obtain the medical care that they need and money to pay their bills when someone harmed them.  I have held the police responsible for police brutality and for injuring innocent bystanders.  I have held the State responsible for allowing children entrusted to its care to be abused and, on one occasion, murdered.  I have held a hospital responsible for its malpractice resulting in a death.  And I am not alone.

I am proud, as well, of my association with the Alaska Association of Justice and the American Association of Justice.  The Alaska Association of Justice is an organization of trial attorneys, like me, who endeavor to make a difference in people's lives.  For more information about AAJ, see: https://www.alaskajustice.org/index.cfm.

The American Association for Justice is likewise an organization of trial attorneys who endeavor to make a difference.  Some of the cases in which these attorneys have been involved include holding Firestone responsible for bad tires which resulted in its redesign, holding Jeep responsible for bad design in early Wranglers that caused them to roll, holding pharmaceutical companies responsible for selling drugs which they knew were dangerous, and holding toy manufacturers responsible for selling dangerous toys.  When you hear about a big verdict or settlement against a corporation, you can be assured that the corporation has the incentive to change its product. Time and again, products have been designed to be more safe because a manufacturer was sued by a trial lawyer.  For more information about the American Association of Justice, see: http://www.justice.org/cps/rde/xchg/justice/hs.xsl/16.htm.

Keenan Powell has more than 30 years experience representing injured Alaskans in Anchorage and the Valley. For a free consultation, fill out the contact form or call 907 258 7663.

 

 

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Television news is reporting a case of a young woman, Nancy Means, who last month sued the Municipality of Anchorage for false arrest.  It is reported that in 2011, her car broke down and a Anchorage Police officer pulled over.  He asked her name and to see her drivers license, which he is entitled to do and then he asked for her telephone  number.  She refused to give him her telephone number and was arrested for DWI although later tests proved that she didn't have any alcohol in her system.  The charges were dropped after she hired an attorney.

The municipal code, specifically AMC 08.30.020A states that it is unlawful to provide a false name, address, drivers license or date of birth or any other false information necessary to the proper issuance of a citation or complaint.  AMC 08.30.010 makes it unlawful to resist arrest by in order to resist an arrest, there must have been some other crime  committed.

Although the police routinely ask for them for their reports but it is not required by law, there is no specific language in the Municipal Code requiring a person to give their telephone numbers to the police. Given the recent history with APD, specifically the many years during which it turned a blind eye to Officer Anthony Rollins sexual harassment and assaults of women he arrested, the jury may well find the APD officer who asked an 18 year old woman for her number and then arrested her on a bogus charge of DWI was out of line.  APD has something to worry about.

Keenan Powell has more than 30 years experience representing injured Alaskans in Anchorage and the Valley. For a free consultation, fill out the contact form or call 907 258 7663.