The Employee slipped on stairs that were wet from melting snow, grabbed a handrail to catch himself and injured his shoulder. After horrific complications, the insurance company, Berkshire Hathaway, hired Dr. Scot Youngblood to perform an so-called "independent" medical evaluation. Not surprisingly, Dr. Youngblood wrote in his report that the Employee did not require further medical treatment, was medically stable, and could return to work. Berkshire Hathaway then controverted his benefits.
A claim was filed on his behalf. He was seen for a second independent medical evaluation, the Board's doctor, and Dr. Youngblood was deposed. The case went to hearing.
The Alaska Workers Compensation Board ruled in the case of Campoamor v Berkshire Hathway AWCB Dec. No. 19-0114 (November 8, 2019) that Dr. Youngblood's report and testimony would be given less weight than the treating physicians for several reasons:
- While he claimed the injured worker would become medically stable by a certain date, he didn't explain his reason for selecting that date.
- Although he stated the injured worker could return to work, there was no physical capacity evaluation.
- Although he claimed that the pain the injured worker was currently suffering was not work-related, he couldn't explain what was causing the pain, therefor, he could not logically rule out a work-related cause.
- He minimized the injured worker's symptoms which was the basis of his opinion that the injured worker could go back to work although every other doctor documented significant pain symptoms.
- He pointed to medical records to support his opinion but ignored other medical records that conflicted with his opinion.
- He admitted that if his patient had the injured worker's symptoms, he'd refer them to another specialist.
- He refused to discuss or consider one of the documented injuries.
The Employee won past and future disability and medical benefits.
You can find the case posted on the Alaska Workers Compensation Board's site here: http://appeals.dol.alaska.gov/docs/workerscomp/2019/19-0114.pdf
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.