Last week, I featured Dr. David Bauer in my first installment of the Gang of Seven, a blog series devoted to identifying some of the insurance industry’s most frequently-used “independent” medical examiners. “The Gang of Seven” include: Dr. David Bauer, Dr. Lynne Bell, Dr. Dennis Chong, Dr. Keith Holley, Dr. Stephen Marble, Dr. Patrick Radecki, and Dr. Marilyn Yodlowski.
If your insurance company sends you to any of these doctors, beware!
Today’s installment features Lynne Bell MD, a neurologist who has been practicing in Oregon since 1992 and Alaska since 1997. She currently has no disciplinary actions nor reported medical malpractice cases. There are 38 references to her in published Alaska workers compensation cases between 2000 and 2018.
Healthgrades reviews
Dr. Bell has a 1.3 star average rating from reviews on Healthgrades website: https://www.healthgrades.com/physician/dr-lynne-bell-y5pgb. Here are some of the unedited comments that were left on that site:
"She Is an insurance Shark. She is not an IME."
"Yes an insurance company ringer, as stated in another review, and I have a very serious brain herniation from my cerebellum 6mm herniation. She said that I’m not injured. This felt like nothing more than legal abuse. This ORCP 44 court “requirement” needs to stop if Dr’s are paid to hurt and injured person further! Was told by and attorney these type of people are known as 'Street Walkers in the Legal Community'."
"Dr. Bell is an insurance company shill. She is not an Independent Medical Examiner. She is an insurance company ringer. Zero care for the patient. Hostile bedside manner. Biased exam. An unhappy person who is only interested in pleasing her insurance company employers."
"I was required by worker's comp to receive an IME from Dr Bell. I felt like I was on trial, having to defend my symptoms her. Not only was she snarky during the exam, but also in her report. She blamed everything on my depression (which is treated) and said I was ready to return to work. I am no where near being able to return to work. It is time to get a lawyer. Be very careful what you say to her!"
“Independent” Medical Evaluations in Alaska
The following are a selection of cases in which Dr. Bell opined that the injured worker was not injured at work and either had psychiatric issues or an alcohol problem. This seems to be her mantra.
McNamee v Nabors Industries and American Zurich, AWCB Dec. 18-004 (1/11/18)
On July 26, 2012, the injured worker’s daugther completed an injury report on behalf of her father. The report states Employee fell and suffered a head and back injury on October 16, 2011.
On October 15, 2014, Lynn Bell, MD, PhD., conducted an employer's medical evaluation (EME), and began her report by stating her diagnoses were ““provisional” at that time due to “insufficient” information. Based on the information available to her, Dr. Bell was unable to attribute any of Employee's disability to the “supposed” head injury in 2011. The most likely cause of Employee's disability was, according to Dr. Bell, cerebrovascular disease. (Bell report, October 15, 2014).
On March 6, 2017, Dr. McCormack testified Employee's hydrocephalus was a preexisting condition and Employee's head injury aggravated that condition, causing it to change from compensated hydrocephalus to uncompensated hydrocephalus. If Employee did not have preexisting hydrocephalus, the head injury would not have caused Employee any significant issues.
Four months later, Dr. Bell reviewed additional records and authored an addendum report, wherein she opined the most likely explanation for Employee's clinical presentation of dementia and gait disorder was Wernicke's encephalopathy. She also wrote, “There is also an indication from the more recently reviewed records that [Employee] continues to use alcohol. Given that he likely has a history of severe alcoholism, he should be completely abstinent from alcohol.” Among the additional records Dr. Bell reviewed for her addendum report were a September 20, 2012 chart note that instructed Employee to avoid alcohol, an October 13, 2012 emergency room report that noted Employee was at a party and had a few beers when he developed pain, a May 15, 2014 emergency room report that stated Employee's liver function test was normal, and a May 16, 2014 chart note that stated Employee used “occasional alcohol a couple of times a week.”
The Board wrote: “The conclusions Dr. Bell draws from the additional records are curious. Physicians commonly recommend patients avoid alcohol for a variety of reasons, and many, if not most, adults do consume adult beverages while attending parties. Rogers & Babler. Dr. Bell failed to explain how either of these two facts, or a normal liver function test, or how using “occasional alcohol a couple of times a week” evidences a “history of severe alcoholism.” Id. To whatever extent Dr. Bell appeared to be overreaching in her opinions was conclusively resolved when she was deposed….On cross-examination, Dr. Bell acknowledged Employee did not tell her he was an alcoholic, and neither did Employee's daughter volunteer he was an alcoholic. Instead, and notwithstanding Employee reporting he never drank more than one to three beers per week, Dr. Bell explained her “very strong evidence” of a “history of severe alcoholism” was Employee's wife was an alcoholic, and “it is pretty common that couples will both abuse.”
The Board found that the SIME doctor’s opinion “far” outweighed Dr. Bell’s opinion. The Employee won his case.
Shafter v Universal Health Services, Indemnity Insurance of North America, AWCB Dec. 14-0010 (1/31/14)
On August 10, 2012, Employee reported injuring her hand while working as a housekeeper for Employer when a shelf fell and struck her.
On November 29, 2012, Dr. Levine examined Employee and found developing CRPS, right hand, and status post blunt trauma to right hand
On June 5, 2013, neurologist Lynne Bell, MD examined Employee for a second EME. Dr. Bell diagnosed: 1) right hand contusion; 2) injury to branch of superficial radial nerve associated with hand contusion; 3) functional overlay related to preexisting personality features and possible ongoing psychological problems. The report stated, “[Employee] does not meet criteria for diagnosis of CRPS or reflex sympathetic dystrophy as defined in the AMA Guides, 6 Edition.” Dr. Bell recommended a psychiatric EME to explore possible psychological factors which may be contributing to Employee's ongoing disability. Dr. Bell further reported, “The cause of the right hand contusion and injury to the branch of the superficial radial nerve was the industrial injury ... No further active treatment is required to address either the right hand contusion or the right superficial radial nerve injury.” Dr. Bell found Employee was medical stable on June 5, 2013.
Employee won petition for SIME.
Gianni v Pfeifer Constr., State Farm, AWCB Dec. No 08-0184 (10/10/2008)
While working as a framing carpenter for the employer at Potter's Marsh, on the outskirts of Anchorage, Alaska, on March 13, 2006, the employee was struck on his the face, the top of his head, and his right temple by steel choker hooks on cables from a boom truck
Over the next few days, the employee developed physical and cognitive symptoms, and on April 5, 2006, the employee was seen by Meganne Hendricks, M.D., in the Providence emergency room. Dr. Hendricks diagnosed closed head injury, ataxia, dysarthia, and traumatic brain injury
At the request of the employer, neurologist Lynne Bell MD examined the employee on May 20, 2006. Dr. Bell reported the employee's speech changed during the interview and he displayed exaggerated movements on his physical testing. Dr. Bell indicated the employee's neurological presentation was classical for psychiatric disturbance, and indicated he showed no evidence of brain injury. Her impression was that the employee suffered somatoform disorder, and she recommended he undergo a psychiatric examination.
Employee won SIME petition.
Hyder v Fortson, State Farm, AWCB Dec. No 04-0053 (3/2/04)
The employee worked for the employer, a physician, as a certified medical assistant. The physician is a paraplegic dermatologist. On February 10, 2003, the employee was injured when the employer ran over the third digit of the employee's right hand with the employer's wheelchair
Dr. Chandler performed stellate ganglion blocks and prescribed a self-administered physical therapy program.8 Dr. Chandler also diagnosed “right hand CRPS.”
Because the employee had extensive treatment with little improvement, the employer scheduled an evaluation by neurologist Lynne Bell on June 27, 2003. Dr. Bell evaluated the employee and reviewed her medical history. She also performed a physical examination. She concluded that the employee's right index finger crush type injury had resolved, that the employee suffered from a somatoform pain disorder with probable conversation symptomatology and found no evidence of CRPS. She specifically recommended against additional treatment through invasive means and recommended psychiatrically based treatment. Dr. Bell did not consider the treatment provided to the employee to be reasonable and necessary and rejected the proposal to implant a cervical stimulator. She opined that the employee could return to work if her psychiatric issues were addressed. She found no permanent partial impairment
The Employee won SIME petition.
Keenan Powell has practiced law in Alaska for more than 35 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.