{"id":1027,"date":"2020-03-24T19:18:44","date_gmt":"2020-03-24T19:18:44","guid":{"rendered":"http:\/\/www.keenanpowell.com\/blog\/?p=1027"},"modified":"2020-03-24T19:18:44","modified_gmt":"2020-03-24T19:18:44","slug":"employee-wins-again-sixth-time-cavitt-vs-ohio-casualty-insurance-liberty-mutual-awcb-dec-no-20-0012","status":"publish","type":"post","link":"https:\/\/www.keenanpowell.com\/blog\/2020\/03\/24\/employee-wins-again-sixth-time-cavitt-vs-ohio-casualty-insurance-liberty-mutual-awcb-dec-no-20-0012\/","title":{"rendered":"Employee Wins Again! (Sixth Time) Cavitt vs. Ohio Casualty Insurance (Liberty Mutual) AWCB Dec. No 20-0012"},"content":{"rendered":"\n
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We went to hearing again in the Cavitt<\/em> case recently and won our sixth favorable decision. So far, we have gone to hearing and appeal as follows:<\/p>\n\n\n\n

Cavitt I, AWCB Dec. No 17-0109 (September 13, 2017). After fighting the case, the Employer agreed at hearing that the injury was work-related. The Employer agreed to continue medical benefits. The Board ordered payment of TTD. A win.<\/p>\n\n\n\n

Cavitt v D&D Services, AWCAC Dec.\nNo 248 (May 4, 2018). On appeal from Cavitt I<\/em>, the Commission reversed\nthe Board\u2019s award of attorney fees as inadequate. In addition, the Commission\nawarded fees on appeal. A win.<\/p>\n\n\n\n

Cavitt II, AWCB Dec. No 18-0060 (June\n25, 2018): The Board awarded continuing TTD and increased the attorney fees\nawarded in Cavitt I. <\/em>The Board refused to order life-time medical\nbenefits. A win and a loss. <\/p>\n\n\n\n

The denial of life-time medical\nbenefits was appealed leading to the Commission\u2019s Decision No 259 (March 29,\n2019) affirming the Board\u2019s denial. That decision has been appealed to the Supreme\nCourt and is ripe for an opinion.<\/p>\n\n\n\n

In Cavitt III, AWCB Dec. No 18-0103 (October 15, 2018), the Board held it did not have jurisdiction to award penalties arising from late-paid TTD because an appeal was pending on a similar issue. The Commission reversed the Board on appeal leading to the hearing and win in 20-0012.<\/p>\n\n\n\n

D&D Services v Cavitt, 444 P 3rd<\/sup> 165 (Alaska, 2019). After paying fees ordered in AWCAC Dec. No 248, Liberty appealed the fees award to the Supreme Court. The Court affirmed those fees and further awarded additional fees for the Supreme Court appeal. A double win.<\/p>\n\n\n\n

Cavitt v D&D Services, AWCAC Dec.\nNo. 264 (July 8, 2019): The Commission reversed Cavitt III <\/em>and ordered\nthe Board to consider penalties for late-paid TTD. A win.<\/p>\n\n\n\n

Cavitt IV, Dec. No 20-0012 (March 6,\n2020) awarded penalties and interest for the late-paid TTD which was the Board originally\nrefused to consider in Cavitt III resulting in the Commission\u2019s reversal in Dec.\nNo 264. Link: http:\/\/appeals.dol.alaska.gov\/docs\/workerscomp\/2020\/D&O%2020-0012.pdf<\/a><\/p>\n\n\n\n

I blogged about this case on July\n18, 2018 and again on January 6, 2020. https:\/\/www.keenanpowell.com\/blog\/2018\/07\/16\/employee-wins-again-6\/<\/a>,\n<\/p>\n\n\n\n

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Never Give Up, Never Surrender – 2019 Victories<\/a><\/blockquote>