Last year, I blogged about our win in Meili v Liberty Northwest. https://www.keenanpowell.com/blog/2019/09/10/employee-wins-meili-v-liberty-northwest/
The employee, a personal care attendant, had injured her back in 2009 while working in an assisted living home. She had two back surgeries and was sufficiently recovered to return to work on a full-time basis without restriction although she continued to experience chronic pain.
When working for a new employer in 2017, her pain increased to the point that another surgery was recommended. The new employer hired Dr. David Bauer as its “independent” medical evaluation who opined that her back problem was the result of natural degeneration exacerbated by her surgeries for the 2009 injury. In Alaska Workers Compensation law, when a work-related injury combines with, accelerates or aggravates a pre-existing condition, the injury is compensable as a workers compensation injury. The second employer controverted.
As it happens, all of the employee’s treating physicians also stated that the 2009 injury was the cause of her ongoing symptoms and need for treatment. So we filed a claim against the 2009 employer. The 2009 employer didn’t hire an “independent” medical expert of its own, later stating that it wanted to save the $10,000. So all the medical evidence supported the Board’s ruling that the 2009 injury was the substantial cause of the employee’s need for treatment. Meili v Sterling Assisted Living/Liberty Northwest, Dec. No 19-0092.
The day after Decision No 19-0092 came out, the 2009 employer and its insurer noticed an “independent” medical evaluation with Dr. Todd Fellars. Dr. Fellars opined that the 2009 injury was not the cause for the current need for treatment. On the basis of that, Liberty Northwest controverted and has refused to pay for any benefits although there is an outstanding Board order, Decision 19-0092, that says it must pay benefits and further it was unable to obtain a stay of that order.
The case went to hearing again before the Board on December 18, 2019. Liberty claimed that the new “independent” medical evaluation was “newly discovered evidence” justifying the Board reconsidering its earlier decision.
The Board disagreed. The Board reasoned that Liberty had made a strategic decision before the first hearing not to hire its own expert, it could have, and it did not justify its failure to do so. Dr. Fellars’ report was excluded from the record and the Board refused to modify Meili I. Meili v Sterling Assisted Living/Liberty Northwest, Dec. No 20-0010 (February 28, 2020).
Interestingly, this is the same insurance company and the same defense firm which lost the following cases in 2019: D&D Services and Liberty Mutual v Cavitt 444 P 3rd 165 (Alaska 2019), Cavitt v Liberty Mutual, AWCAC No 264 (July 8, 2019), Bruketta v Liberty Mutual, RBA Dec. No 19-0002 (March 19, 2019) and Bruketta v Liberty Mutual, Dec. No. 19-0096 (September 23, 2019). See my blog post: https://www.keenanpowell.com/blog/2020/01/06/never-give-up-never-surrender-2019-victories/
Additionally Liberty lost Cavitt again on March 6, 2020. I’ll blog about that in the near future.
The moral of the story is: If your claim is insured by Liberty Mutual or Liberty Northwest, you’re in for a fight. You need to speak with an experienced workers compensation attorney as soon as possible.
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.