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Author: Keenan Powell

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According to Allstate’s 2013 annual survey, every driver in Anchorage will be involved in a motor vehicle accident every 8.7 years.  Allstate Report 2013

The bad news is that our national ranking has been consistently slipping. In 2010, Allstate ranked Anchorage as the 124th safest city to drive in. In 2012, we were 128th. In 2013, we are now 132nd.

The good news is that the odds of being involved in an accident have not increased. Each one of us will be involved in an accident on average every 8.7 years and Anchorage’s relative accident likelihood is 15.3% greater than the national average. It appears that, Anchorage residents have not become worse drivers but the rest of the nation has become better drivers.

The really bad news is that our insurance rates are bound to go up, especially if you are insured by Allstate.

It is a good time to reevaluate whether your motor vehicle insurance is adequate. Alaska law requires you to carry a minimum of 50/100 bodily injury liability insurance. If you have the resources to purchase higher liability limits, you should do so. In the event that you cause an accident where the damages exceed $50,000 per person, then you will be responsible for paying the amount of any judgment obtained against you over $50,000. $50,000 is no longer adequate to pay for the most common injuries caused in motor vehicle accidents.

By the same token, if you have the resources you should carry both medical payments benefits and uninsured/underinsured motorist coverage. The minimum medical payments benefit available is $5,000, which these days may cover one visit to the emergency room, depending on the nature of the injury and treatment. After the ER visit, you’ll be on your own paying for medical treatment unless you have increased medical payments benefits which pays 100% of your bills, not 70-80% as some health insurance companies pay.

The purpose of uninsured/underinsured motorists coverage is to pay you for your damages in the event that the at-fault driver is not insured, does not have enough insurance or you are involved in a hit and run. Again, $50,000 coverage is inadequate. If you have the resources, you should select as much uninsured/underinsured motorists coverage as you can afford.

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

Contact Keenan Powell for a FREE CONSULTATION through the contact form or call: 258-7663. Toll free: 888-368-5678.

mailto:keenan@keenanpowell.com.

 

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Sometimes in a Workers Compensation case, the insurance company will assign a nurse case manager whose job is to attend the doctor’s visits, consult with the patient and report back to the insurance company.

In theory, that sounds like a good thing.  But in practice, it is not.

I have seen cases where the nurse case manager has told the doctor what the insurance company will and will not pay for and as a result, the doctor has changed his treatment recommendations.  It is a felony for anyone to interfere with the doctor’s recommendations but the nurse case managers get away with it because some doctors think that they have to play ball with the insurance company.  It is particularly a problem when the doctor does not document that his treatment recommendation has changed because of the nurse case manager’s interference.

Another problem that I’ve seen is that the nurse case manager will try to persuade the injured worker that he or she is ready to go back to work sooner than the injured worker should have been.

And, perhaps most importantly, the nurse case manager is working on the supervision of the insurance adjuster.  Every question that she asks you, every thing that she says to you is at the direction of the insurance company for the sole purpose of minimizing the benefits it pays to the injured worker.

And everything you say is reported directly back to the insurance company.

You do not have to accept a nurse case manager.  It is up to the injured worker whether he or she will allow anyone else in to the room during the doctor’s visits.  The insurance company cannot discontinue your benefits because you refused the nurse case manager.

Be warned and be aware.

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.

mailto:keenan@keenanpowell.com.

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http://usnews.nbcnews.com/_news/2013/08/08/19917073-yarnell-hill-firefighters-kin-say-theyre-being-cheated-out-of-benefits?

 

Employer’s game playing to avoid paying benefits is the reason why I fight on the behalf of Employees.

In Alaska, employees are entitled to workers compensation benefits whether or not the employer wants to pay them, whether or not the employer carriers workers compensation insurance, whether or not the employer characterizes the employee as an independent contractor and whether or not the employer files a Report of Injury.

As long as an individual is an employee, as defined by the Workers Compensation law, that person is entitled to benefits.

And the beauty of the system is that the employer can be forced to pay penalties to the employee for denying benefits and if the insurance company is involved in bad faith denials, it can be reported to the Division of Insurance by the Workers Compensation Board.

Bottom line: the last person you should trust when you’re hurt at work is your employer.  Call an experienced Workers Compensation attorney and find out what your rights are.

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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A driver who is backing up has a heightened duty under the law to make sure he doesn't hit anyone.  The most common accidents occur in parking lots and driveways.

Tragic results can occur of a driver backs out of his driveway without first checking to make sure that there aren't small children behind the vehicle.  I handled one such case several years ago which resulted in a child's death.  Children, depending on how young they are,  are not legally responsible for their actions and if a driver lives in a neighborhood where he can expect children to be riding bikes or playing in the street, on the sidewalk, behind his car, it is his responsibility to watch out for those children.

In the event that a driver does cause injuries when backing out of his driveway, his automobile liability insurance is responsible for paying the damages.  He may have, as well, homeowner's insurance which might provide coverage, both medical and bodily injury, and umbrella insurance which would provide additional coverage.

Of little consolation to the injured child's family, if the responsible driver had inadequate resources to pay for the damages, his or her driving privileges can be revoked administratively, whether or not he is prosecuted.

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

Contact Keenan Powell through the contact form or call: 258-7663.  Toll free: 888-368-5678.

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In a 2012 report created by the Department of Transportation,  over 900 hit and run accidents in Alaska in 2009, many of which resulted in serious injuries.   http://www.dot.alaska.gov/.

"Hit and run" refers to leaving the scene of an accident.   When a driver is involved in an accident, whether the driver is at fault or not, he has a duty to stop and render aid to any injured parties and also to exchange information regarding his identity and insurance.    Failing to do so is a crime.  If someone is injured or killed in the accident, leaving the scene is a felony whether or not the driver caused the accident.  If caught, the driver faces jail time and revocation of his driving privileges.

But what about the victim?

If the victim has automobile insurance with uninsured motorists coverage, she will be able to make a claim under her policy for medical bills, lost wages, disabilities and pain and suffering.  If she has medical payments benefits under her automobile insurance policy, she will be able to draw upon those.

If the driver is found, she will be able to make a claim against his insurance.

If the driver is prosecuted, then she can request restitution for her insured costs.  The request should be made through the prosecutor’s office.

Additionally, benefits and services are available to the hit and run victim from the State of Alaska, Violent Crimes Compensation Board because hit and runs has been classified as  a violent crime.  http://doa.alaska.gov/vccb/policy/hit_run.html.  Applications are available on-line at their website.

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

Contact Keenan Powell through the contact form or call: 258-7663.  Toll free: 888-368-5678.

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If you decide that you want to hire an attorney for your workers compensation claim, you should first interview a few to see who you like.  It is important to feel comfortable with the attorney and be able to communicate with him or her.

When interviewing attorneys, you will want to know how long they have been litigating workers compensation cases, what kind of associations they belong to, whether they take continuing legal education, whether they have malpractice insurance and what their fees are.

In workers compensation cases, the attorney is allowed to charge a maximum of $300 for services in a consultation.

If the attorney accepts the case, he may require you to post litigation costs.  Otherwise, his fee will be paid when the Board enters an order determining whether the employer or the employee should pay the fees.  Usually the employer is required to pay the fees.

Never consult or hire someone who is not licensed to practice law in the State of Alaska.  There are people who claim to be paralegals or some other kind of legal professional but they have not gone to law school, have not passed the bar examination, are not regulated by the Bar Association and do not carry malpractice insurance.  If they give you bad advise or make a mistake in your case, you have no recourse against them.

By hiring an attorney licensed to practice law in the Alaska, you have the comfort of knowing that they are required to take at least 3 hours of ethics classes per year, that they are governed by the Bar Association and should have malpractice insurance.   In the event that something goes wrong, you can file a compliant with the Bar Association and/or file a malpractice suit against them.

By hiring an experienced attorney, you have the comfort of knowing that, in your best interests, that person in considering the ramifications of every action taken or not taken which can be particularly important in proper documentation of the claim, negotiations, settlement and timely prosecution of the case.  People who do not practice law do not have this experience.

Finally, practicing law without a license is a crime.  It should be reported to the Alaska Bar Association and to the District Attorney’s Office.

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If you decide that you want to hire an attorney for your personal injury claim, you should first interview a few to see who you like.  It is important to feel comfortable with the attorney and be able to communicate with him or her.  Most personal injury attorneys provide one free consultation.

When interviewing attorneys, you will want to know how long they have been litigating personal injury cases, what kind of associations they belong to, whether they take continuing legal education, whether they have malpractice insurance and what their fees are.

You are entitled to hire an attorney on an hourly basis rather than contingency fee however most attorneys will require a retaining if you choose to do so.

If you choose to hire an attorney based upon contingency fee, you need to know if you will be expected to advance costs and what the per centage of the fee will be.  Most attorneys start their fee  percentage at 33 1/3% if the case settles without filing suit.

Never consult or hire someone who is not licensed to practice law in the State of Alaska.  There are people who claim to be paralegals or some other kind of legal professional but they have not gone to law school, have not passed the bar examination, are not regulated by the Bar Association and do not carry malpractice insurance.  If they give you bad advise or make a mistake in your case, you have no recourse against them.

By hiring an attorney licensed to practice law in the Alaska, you have the comfort of knowing that they are required to take at least 3 hours of ethics classes per year, that they are governed by the Bar Association and should have malpractice insurance.   In the event that something goes wrong, you can file a compliant with the Bar Association and/or file a malpractice suit against them.  You also may file a fee arbitration petition in the event that you do not agree with the fees that were charged.

By hiring an experienced attorney, you have the comfort of knowing that, in your best interests, that person in considering the ramifications of every action taken or not taken which can be particularly important in proper documentation of the claim, negotiations, settlement and timely prosecution of the case.  People who do not practice law do not have this experience.

Finally, practicing law without a license is a crime.  It should be reported to the Alaska Bar Association and to the District Attorney’s Office.

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Anchorage and the vicinity is busy with summer events during July:

Gold Rush Girls, a play is beings staged at Cyrano’s, 413 D St from June 28 through August 4 at 7 PM.

Eagle River is celebrating the Fourth of July on the July 3 at the Eagle River Lions Park.  Fireworks at midnight.

Anchorage is celebrating the Fourth of July on July 4 with a parade and festival from 9 AM to 6 PM downtown.  Fireworks at Mulcahy Field.

Girdwood Forest Fair is July 5 through July 7.

Bear Paw Festival in Eagle River is July 11 through July 14: www.bearpawfestival.org.

The Governor is hosting the annual family picnic on Delay Park Strip on July 20 from 12 to 3 PM.

Ongoing events include:

Food truck carnival, Thursdays from 11 AM to 3 PM at Chilkoot Charlie’s.

Anchorage Market on Saturdays from 10 AM to 6 PM at Third and E Street.

Potter Marsh Bird Walk on Saturdays from 8 AM to 10 AM and Tuesdays from 6:30 PM to 8:30 PM.

Landscape Oil Painting class is offered by Linda Infante Lyons at the Anchorage Museum from July 15 to July 18, 6:30 to 9 PM.  For more information:  http://www.anchoragemuseum.org/learn/learn.aspx

Color Me Mine is hosting summer workshops.  For more information: www.anchorage.colormemine.com.

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An Explanation of Benefit (sometimes called "Explanation of Medical Bill Payment" or "Explanation of Review") is the document that an insurance company is required to send you when it receives a bill from your health care provider.  The insurance company is required to tell you if it is going to pay the bill and if it is not, why not.  The forms are difficult to read but it is important to take the time the time to understand what the insurance company is saying because it might be screwing you.

If the insurance company is denying the bill, then it needs to explain the reason.  Frequently the company will reference a code in its explanation but doesn’t give you the codes.  If that happens, send a letter (USPS priority so you can track receipt) demanding the codes.  And keep a copy of that letter.

Read the reason for denial.   If the insurance company is wrong, then follow the procedure that the insurance company provides for appealing the decision.  Some insurance companies will spell out a particular procedure on the back side of the form and there will be deadlines.  Follow the procedure to the letter.

If your EOB doesn’t have a procedure, write to the insurance company and explain to it why it is wrong.  Again, keep a copy of the letter and track its delivery through USPS.

Sometimes, your automobile insurance company may deny payment of a bill because the bill was not coded as a motor vehicle accident.  Assuming that the bill is a legitimate cost of treating your motor vehicle accident injuries, then you need to call the billing department of your provider and explain to them the coding problem.  The billing department’s telephone number will be on the bill that they sent you.  They are generally very helpful and would be happy to do what is necessary to smooth out a problem.

Insurance companies are under an obligation to deal with you in good faith and there are several specific mandates that they are required to obey:  A person may not commit any of the following acts or practices:

  • (1) misrepresent facts or policy provisions relating to coverage of an insurance policy;
  • (2) fail to acknowledge and act promptly upon communications regarding a claim arising under an insurance policy;
  • (3) fail to adopt and implement reasonable standards for prompt investigation of claims;
  • (4) refuse to pay a claim without a reasonable investigation of all of the available information and an explanation of the basis for denial of the claim or for an offer of compromise settlement;
  • (5) fail to affirm or deny coverage of claims within a reasonable time of the completion of proof-of-loss statements;
  • (6) fail to attempt in good faith to make prompt and equitable settlement of claims in which liability is reasonably clear;
  • (7) engage in a pattern or practice of compelling insureds to litigate for recovery of amounts due under insurance policies by offering substantially less than the amounts ultimately recovered in actions brought by those insureds;
  • (8) compel an insured or third-party claimant in a case in which liability is clear to litigate for recovery of an amount due under an insurance policy by offering an amount that does not have an objectively reasonable basis in law and fact and that has not been documented in the insurer's file;
  • (9) attempt to make an unreasonably low settlement by reference to printed advertising matter accompanying or included in an application;
  • (10) attempt to settle a claim on the basis of an application that has been altered without the consent of the insured;
  • (11) make a claims payment without including a statement of the coverage under which the payment is made;
  • (12) make known to an insured or third-party claimant a policy of appealing from an arbitration award in favor of an insured or third-party claimant for the purpose of compelling the insured or third-party claimant to accept a settlement or compromise less than the amount awarded in arbitration;
  • (13) delay investigation or payment of claims by requiring submission of unnecessary or substantially repetitive claims reports and proof-of-loss forms;
  • (14) fail to promptly settle claims under one portion of a policy for the purpose of influencing settlements under other portions of the policy;
  • (15) fail to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement; or
  • (16) offer a form of settlement or pay a judgment in any manner prohibited by AS 21.96.030;
  • (17) violate a provision contained in AS 21.07.

AS 21.36.125(a).

If you’ve done everything that you can do to get the bill paid and the insurance company is wrongfully refusing to pay it, you can file a complaint with the Division of Insurance:  http://commerce.alaska.gov/ins/Insurance/filingAComplaint.html.