On September 9, 2019, the Alaska Workers Compensation Board entered Meili v Sterling Assisted Living/Liberty Northwest Decision No. 19-0092 awarding the injured worker medical, disability and transportation benefits.
In that case, the employee, a personal care attendant, had injured her back in 2009 while working at an assisted living home. She had back surgery and recovered sufficiently to return to work on a full-time basis although she continued to experience chronic pain.
When working for a new employer in 2017, she suffered two aggravations, the second of which was so severe that she had to quit her job and seek medical attention. Her doctors believe she now needs another back surgery. Thinking that the 2017 aggravations were new injuries, she filed a claim against the second employer. It obtained a defense medical evaluation from Dr. David Bauer who opined that her problems were because of the progression of the 2009 injury. The second employer therefor controverted her benefits.
Within a month of receiving the controversion, she filed a claim against the first employer. The first employer failed to hire a defense doctor of its own, but instead based its defense on the two-year statute of limitations. It claimed that she was injured in 2009 and her new claim for medical treatment did not fall within the two years of 2009.
The Board disagreed with the employer, relying on the fact that the employee is not a medical professional and although she believe she had a new injury, the evidence including Dr. Bauer's report indicated otherwise. Further, because she filed her claim within a month of learning that her current problems were related to the 2009 injury, she was well within the statute of limitations.
The moral of this story: Don't believe anything an insurance adjuster, or doctor, or lawyer says. Get a consultation from an experienced workers compensation attorney and find out what the truth is.
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, email: keenan@keenanpowell.com or call: 907 258 7663.