We went to hearing again in the Cavitt case recently and won our sixth favorable decision. So far, we have gone to hearing and appeal as follows:
Cavitt I, AWCB Dec. No 17-0109 (September 13, 2017). After fighting the case, the Employer agreed at hearing that the injury was work-related. The Employer agreed to continue medical benefits. The Board ordered payment of TTD. A win.
Cavitt v D&D Services, AWCAC Dec. No 248 (May 4, 2018). On appeal from Cavitt I, the Commission reversed the Board’s award of attorney fees as inadequate. In addition, the Commission awarded fees on appeal. A win.
Cavitt II, AWCB Dec. No 18-0060 (June 25, 2018): The Board awarded continuing TTD and increased the attorney fees awarded in Cavitt I. The Board refused to order life-time medical benefits. A win and a loss.
The denial of life-time medical benefits was appealed leading to the Commission’s Decision No 259 (March 29, 2019) affirming the Board’s denial. That decision has been appealed to the Supreme Court and is ripe for an opinion.
In Cavitt III, AWCB Dec. No 18-0103 (October 15, 2018), the Board held it did not have jurisdiction to award penalties arising from late-paid TTD because an appeal was pending on a similar issue. The Commission reversed the Board on appeal leading to the hearing and win in 20-0012.
D&D Services v Cavitt, 444 P 3rd 165 (Alaska, 2019). After paying fees ordered in AWCAC Dec. No 248, Liberty appealed the fees award to the Supreme Court. The Court affirmed those fees and further awarded additional fees for the Supreme Court appeal. A double win.
Cavitt v D&D Services, AWCAC Dec. No. 264 (July 8, 2019): The Commission reversed Cavitt III and ordered the Board to consider penalties for late-paid TTD. A win.
Cavitt IV, Dec. No 20-0012 (March 6, 2020) awarded penalties and interest for the late-paid TTD which was the Board originally refused to consider in Cavitt III resulting in the Commission’s reversal in Dec. No 264. Link: http://appeals.dol.alaska.gov/docs/workerscomp/2020/D&O%2020-0012.pdf
I blogged about this case on July 18, 2018 and again on January 6, 2020. https://www.keenanpowell.com/blog/2018/07/16/employee-wins-again-6/,
The moral of the story is: If your claim is insured by Ohio Casualty, 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.