Workers' Compensation
Past Verdicts & Settlements
Maxwell vs.
Liberty Northwest
AWCB Decision 07-0355
11/21/2007
Liberty Northwest was represented by Holmes, Weddle & Barcott. It refused to agree to a Second Independent Medical Evaluation (SIME). Keenan Powell on the behalf of the Employee was successful in obtaining a Board order for a SIME on the issues of causation of the injury and appropriate medical treatment.
Hubbard vs.
Zurich American
AWCB Decision 08-0245
12/11/2008
Zurich was defended by Holmes, Weddle & Barcott. Zurich received a PPI rating from its doctor on May 18, 2007. PPI should have been paid no later than 21 days from its receipt of PPI rating, which would have been June 7, 2008. PPI was mailed out ten days late, on July 17, 2008. Keenan Powell on behalf of the Employee was successful in obtaining a Board award of 25% penalty for late payment of PPI and fees and costs.
Torres-Soria vs
Seabright Insurance Company
AWCB Decision 11-0008
1/25/2011
Seabright was defended by Kara Heikkila. The Employer controverted all benefits six months after the Employee sustained a herniated disc in a lifting injury on the grounds that its physician stated that the injury was not work-related. During the course of the litigation, the Employer subsequently agreed to pay for medical treatment and temporary total disability (TTD). After several months of litigation, depositions and a hearing, Keenan Powell was successful in obtaining a decision from the Board awarding past medical benefits, interest on late paid TTD, “41k” (stipend) payments during the rehabilitation process, an order for a PPI rating evaluation, transportation benefits, fees and costs.
Weese vs
Alaska National Insurance Co
AWCB Decision 12-0196
12/13/2012
Alaska National was defended by Farley & Graves. The Employee injured her shoulder while working as a bus attendant for handicapped children. The insurance company sent her to Dr. Marilyn Yodlowski who claimed that her injury was not work-related and based upon Dr. Yodlowski’s opinion, the insurance company controverted all her benefits and additionally refused to agree to a Second Independent Medical Evaluation (SIME) because the Employee was unable to obtain medical opinions after the controversion which would dispute the controversion. Keenan Powell was successful in obtaining a decision from the Board ordering a SIME on the issues of causation, compensability, medical treatment, medical stability and whether there would be a PPI rating. The case settled shortly after the decision with the insurance company agreeing to pay for the surgery, total disability (TTD), PPI and fees and costs.
O'Hara vs
Zurich American
AWCB Decision 12-0208
12/14/2012
Zurich was defended by Holmes, Weddle and Barcott. The insurance company controverted all benefits based upon the opinion of his doctor that the Employee’s symptoms were not work-related and then refused to agree to a Second Independent Medical Evaluation (SIME). After a hearing before the Board, Keenan Powell was successful in obtaining a SIME on the issues of causation, compensability, medical treatment, disability, medical stability and PPI rating. The SIME took place and the case subsequently settled.
Guinard vs
Liberty Mutual/Liberty Northwest
AWCB Decision 13-0017
2/26/2013
Liberty was defended by in-house counsel. Shortly after the Employee herniated a disc in his back at work, the Employer controverted all benefits claiming that surveillance videotapes did not show him being injured. It was proven at the hearing that the Employer had in fact destroyed the videotapes that would have shown the incident. Keenan Powell was successful in obtaining an award from the Board for past temporary total disability (TTD), past temporary partial disability (TPD), past medical bills, past transportation, fees and costs. After the hearing, the Employer subsequently agreed to a SIME and to a reemployment evaluation and paid , “41k” (stipend) payments during the rehabilitation process.
Carter vs Anchorage Daily News
AWCB Decision No 13-0050
5/10/2013
The Employer’s adjuster controverted future benefits on the basis of its doctors opinion that the injury was not work-related. The Employer was represented by Holmes, Weddle and Barcott. Following a hearing, Keenan Powell was successful in obtaining an order for a Second Independent Medical Evaluation (SIME) and fees and costs.
King vs Liberty Northwest
AWCB Decision No 13-0010
9/6/2013
Liberty Northwest was represented by Holmes, Weddle & Barcott. The insurance company had provided the Employee with a “prescription card” to use to fill his prescriptions. On at least four occasions, the pharmacy would not fill the prescriptions because it called the insurance company and the insurance company refused to authorize the specific prescription. The insurance company’s position is that it does not have a duty to pre-authorize prescriptions and instead is only obligated to reimburse for prescriptions paid by the Employee. At the hearing, Keenan Powell was successful in obtaining an order from the Board requiring the insurance company to arrange for filling the prescriptions when they are presented, plus a finding that the insurance company had acted in bad faith and would be reported to the Division of Insurance for an investigation, plus fees and costs. The order has subsequently been appealed and the appeal is on-going.
Every Case is Different!
Similar Results cannot be guaranteed.
If you would like to discuss your Workers' Compensation Case with Keenan Powell contact her today at:
907-258-7663
keenan@keenanpowell.com
or Fill out a Request for Free Consultation |
