These parties went to hearing before in the case of Cavitt v Ohio Casualty Co., AWCB Decision and Order 0109 (9/13/17). (Ohio Casualty claims are adjusted by Liberty Mutual.) In that decision, the Board awarded ongoing temporary total disability (TTD). Merely three months later, on January 25, 2018, counsel for the insurance company sent the Employee to yet another employer medical evaluation (EME) at which time Dr. David Bauer opined that the employee was medically stable and that he needed no further medical treatment. That is not what the treating physician said.
A claim was filed on the employee’s behalf, which was controverted by the employer’s attorney. A petition for second independent medical evaluation was filed based upon the dispute between the treating physician and the EME regarding medical stability and ongoing treatment.
Soon afterwards, the employer’s attorney offered to “turn on” medical benefits and TTD if the petition was withdrawn. The petition was withdrawn and benefits were restored, but back TTD for the period of time when the employee had been cut off after the EME was not paid. Nor would the employer’s attorney agree to remanding the case to the reemployment benefits administrator for a new evaluation.
At the hearing on the January 25, 2018 claim, the employer’s attorney failed to producer Dr. Bauer for testimony as demanded by the employee’s attorney and so his opinion was stricken from the record. No explanation was offered for the failure to produce Dr. Bauer. The employer’s attorney withdrew its controversion based on that opinion.
The board awarded ongoing TTD, past TTD, ongoing medical benefits and a remand to the reemployment benefits administrator.
Moral of the story: Never give up. Never surrender.
Keenan Powell has practiced law in Alaska for more than 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans.
All consultations are free. If you want to set up a meeting, use the contact form on www.keenanpowell.com or call: 907 258 7663.