At the Law Office of Keenan Powell, we received several favorable decisions from the Alaska Workers Compensation Board and the Alaska Workers Compensation Commission during 2019-2020 in addition to settling a number of cases.
Whisamore v Tekmate and Alaska National Insurance, LLC, Dec. No. 19-0128 (12/6/19). In this case, Employee’s counsel requested a copy of the insurance adjuster’s file. When it was finally delivered, it was heavily redacted. The Employee filed a petition to compel the records and the insurance company was ordered to produce unredacted notes to Board in camera. After review, the Board ordered the release of certain records to the Employee’s counsel.
Harrison v Ice Services and Liberty Northwest Insurance, Dec. No. 20-0008 (2/26/20). A grizzly bear broke into the kitchen at Little Red Camp in Deadhorse. The Employee, a kitchen helper, ran away, slipped and fell, breaking his foot. The fracture took an unusually long time to heal which made the insurance company suspicious. They hired two different private investigators to follow the Employee around, getting very little video as he couldn’t walk and stayed at home mostly. Eventually the doctors diagnosed complex regional pain syndrome (CRPS), a chronic painful debilitating condition. The claim was controverted. The insurance company’s expert, Dr. Dennis Chong, was deposed. A SIME was ordered. After hearing, the Board found that Dr. Chong’s report and testimony was inadequate to rebut the presumption of compensability and it awarded the Employee temporary total disability, medical and transportation benefits, and a permanent partial impairment rating.
Meili v Sterling Assisted Living and Liberty Northwest Insurance, Dec. No 20-0010 (2/28/20). This case went to hearing in late 2019 and the Board awarded the Employee benefits including a recommended back surgery. After the Board’s decision, Liberty Mutual hired Dr. Todd Fellars as an “independent” medical expert to dispute the treating physician’s recommendations upon which the Board had relied. Not surprisingly, Dr. Fellar disagreed with the recommendations. Liberty filed a motion to modify Meili I, holding that the insurance company was not entitled to a “second bite” at fighting the case. It should have brought all its evidence to the first hearing but had chosen not to hire an “independent” medical examiner because it thought it was going to win.
Cavitt v D&D Services and Ohio Casualty Insurance Co, Dec. No 20-0012 (3/6/20). The insurance company paid eight weeks of TTD late in 2018 and failed to include penalties, as it is required to do under the statute, with the check. The amount involved was $575.84. A claim was filed for penalties. It went to hearing in 2018. The Board believed that it did not have jurisdiction to decide the issue because of another pending appeal in the case and refused to award penalties. That decision was appealed. The Commission held that the Board was wrong. It did have jurisdiction and ordered the Board to consider the claim. Note that only $575.84 was at issue. The insurance company could have paid it at any time but it didn’t. The claim went to hearing again and, after two hearings and an appeal, the Board awarded the penalties.
Guerrissi v State of Alaska, Dec. No 20-0013 (3/16/20). After his claim was controverted, the Employee filed a claim and a petition for second independent medical evaluation. His former employer, the State of Alaska, opposed the SIME arguing that it was premature. The Employee argued that if the State had enough information to controvert the benefits, it had enough information to proceed to SIME. The petition went to hearing and the Employee won. A SIME was ordered.
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. Email keenan@keenanpowell.com or call 907 258 7663