Despite the pandemic, some people are working, getting injured at work, and their employers are obliged to provide benefits for work-related injuries. The Alaska Workers Compensation Board is “open” but the buildings are locked and most employees are working from home. The system for litigating claims has made adjustments.
Hearings – Most hearings are being conducted telephonically.
Depositions – Most depositions are being taken on Zoom.
Mediations – Most mediations are being done on Zoom.
“Independent” Medical Evaluations – When travel was shut down, the insurance companies stopped scheduling “independent” medical evaluations. (Ain’t nothing independent about them.) That changed mid-summer when they began bringing doctors up to Alaska and also started scheduling telemed evaluations. They are also now scheduling these examinations Outside.
Second Independent Medical Evaluations – When the insurance doctor disagrees with your treating physician, you can request the Alaska Workers Compensation Board to appoint its expert to examine you and review your file. This is a “Second Independent Medical Evaluation.” The Board is not scheduling these examinations unless the injured worker is not high risk for COVID and both parties agree to send the employee out of state for the examination.
Statutes of Limitations – All the rules regarding deadlines are still in place.
Controversions - If the insurance company refuses to pay benefits, it must issue a controversion notice within a certain period of time. If it doesn’t issue a controversion notice, then its refusal is deemed a “controversion-in-fact.” If you disability benefits are not arriving on time or if the insurer is refusing to pay your medical benefits, whether you have received a controversion notice or not, you have been controverted. Call an experienced workers compensation attorney.
Filing a Claim – The deadlines for filing a claim are complicated. Best practice is to file as soon as you realize the insurance company is not treating you fairly such as not paying your disability on time, not paying you the correct amount, or not pre-approving medical benefits preventing you from getting treatment. If any of these things have happened to you, call an experienced workers compensation attorney.
Requesting a Hearing – The pandemic crisis does not excuse injured workers from requesting hearings. The rules for this are complicated. Don’t delay in pursuing your claim.
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.