At the Law Office of Keenan Powell, we received several favorable decisions from the Alaska Workers Compensation Board and the Alaska Workers Compensation Commission during 2017-2018 in addition to settling a number of cases. If you take a look at the decisions, you’ll notice a couple of trends:
All the other cases were defended by Holmes, Weddle & Barcott which represents Liberty Mutual, Ohio Casualty Company and Berkshire Hathaway. On three different occasions, the defense showed up at the hearing and withdrew its controversions.
A fair conclusion from these cases would be that the insurance company will controvert and defend cases to the very end, and then, very possibly, give up.
Cavitt v Ohio Casualty Co/Liberty Mutual. In AWCB Decision and Order 0109 (9/13/17), the Board awarded ongoing temporary total disability (TTD) after the Employer’s attorney, Holmes, Weddle & Barcott, appeared that the hearing and announced it was withdrawing the controversion.
Merely three months later, the Employer took another bite at the apple. It sent the Employee to yet another employer medical evaluation (EME) at which time Dr. David Bauer and filed a new controversion of TTD and medical benefits.
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. Again. Just like it did in the 2017 case.
In the new decision, AWCB Decision No 18-0060 (6/25/18), the Board awarded ongoing TTD, past TTD, ongoing medical benefits and a remand to the reemployment benefits administrator. Moreover, the Board ruled that the Employee could not be forced to mediate his claim.
In Gillion v Berkshire Hathaway, the issue in dispute was whether the injured worker’s condition was work-related, which the Employer disputed right up until the hearing. At the hearing, Holmes, Weddle & Barcott conceded that the injury was work-related. Decision 17-0089 (7/31/17).
The Board awarded the Employee won the issue of work-relatedness (causation and compensability), medical benefits, back temporary total disability (TTD) for the periods of time he missed work due to his injury, a compensation rate increase and penalties and interest on underpaid compensation as well as late-paid per diem to attend the Board’s Second Independent Medical Evaluation (SIME).
Several issues were appealed by both parties resulting in a decision from the Alaska Workers Compensation Commission, Decision No. 253 (8/23/18), which ruled, amongst other things, that the Employee was entitled to TTD during the three days he was out of state attending a SIME and therefor unable to work at his job.
Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 35 years and has dedicated her practice to Workers Compensation representing injured Alaskans handling hundreds of cases. www.keenanpowell.com.
All consultations are free. To make an appointment, use the contact form on this website or call: 907 258 7663.