The insurance companies are bringing up Dr. Scot Youngblood for “independent” medical evaluations again.
How “Independent” is Dr. Youngblood?
Dr. Scot Youngblood has become one of the new go-to doctors so called "independent" medical evaluations. There is a reason for that. He can be relied upon to issue an opinion that there was no work injury, or work injury is not the cause of the ongoing need for treatment or disability, or that any problems are caused by “age and genetics.” As of 2017, Also, Dr. Youngblood was performing 15 to 20 "independent" medical evaluations per month which would earn him approximately $85,000 per month. Because of his incentive to curry his opinion to please his insurance employers, his opinion was given less weight. Piasini-Branchflower v Anchorage School District, AWCB Dec. No. 17-0041 (April 11, 2017)
Dr. Youngblood: Pain behavior and symptom magnification
Tobar v Liberty Insurance Co, 447 P 3rd 747 (Alaska 2019). In July 2013, a hotel housekeeper injured her back while lifting a pile of linens. She was taken by ambulance from her workplace to the hospital because she had difficulty walking. An MRI showed a bulging disc in her lumbar spine. She was given an epidural and prescribed physical therapy. In March of 2014, the insurer sent her to see Dr. Scot Youngblood for an "independent" medical evaluation who opined that she had a low back strain in July 2013, had “pain behavior and symptom magnification” and that the work injury was not the substantial cause of her degenerative disc disease. The case went to hearing before the Board in June 2017 where the claimant was not represented by counsel. She lost. She lost again in front of the Commission. The Employee Won.
Dr. Youngblood: Pre-existing degenerative disc disease
Reuer v New Hampshire Ins Co., AWCB Dec. 16-0033 (April 22, 2016). On October 26, 2010, the Employee was injured in a motor vehicle accident as a school bus driver. He reported injury to the neck, back, shoulders, and arms. On July 1, 2015, the Employer sent him to Dr. Scot Youngblood for an an "independent" medical evaluation who opined that he had suffered cervical sprain/strain in the work injury, now resolved and medically stable, and that he had “multilevel degenerative disc disease, pre-existing, age and genetics related” and not caused by the industrial injury. The Board ordered a Second Independent Medical Evaluation (SIME).
For more information on SIME procedure: https://www.keenanpowell.com/blog/2017/08/28/negotiating-the-maze-iii-second-independent-medical-evaluations-sime/
The Board's website is a good resource: https://labor.alaska.gov/wc/wc-and-you.htm
Dr. Youngblood: Age, genetics, gender, and obesity
Corona v State of Alaska, AWCB Dec. 20-0032 (May 21, 2020). On June 30, 2017, the Employee reported carpal tunnel syndrome symptoms in both wrists. She was seen by a number of doctors who were uncertain about the diagnosis and treatment. On September 15, 2017, the State sent her to Dr. Scot Youngblood for an an "independent" medical evaluation who opined that her carpal tunnel syndrome symptoms were related to her “age, genetics, gender, and obesity” and not substantially caused by industrial activities on June 3, 2017. In its decision, the Board pointed out that there was no family history of carpal tunnel syndrome and that Dr. Youngblood’s risk-factors did not conform to the statute and case law. The Employee won.
Dr. Youngblood: Age and genetics
Campoamor v Berkshire Hathaway, AWCB Dec. 19-0014 (November 8, 2019). The Employee slipped on melted ice on stairs at work and stopped his fall by grabbing a handrail. He ended up having five shoulder surgeries. His treating physicians also believed that he had injured his neck. The insurer sent him to Dr. Youngblood for an "independent" medical evaluation who opined that “age and genetics” were the cause of cervical disc disease and that there was no further need for shoulder treatment. He also opined that there was no explanation for the continued pain symptoms. The SIME doctor diagnoses a brachial plexus injury. Th Board found that Dr. Youngblood’s opinions were not supported by the evidence and that it did not conform to legal requirements. The Employee won.
Dr. Youngblood: Cannot explain her pain
Longway-Marotta v Liberty Insurance Co., AWCB Dec. No. 17-0137 (December 8, 2017). On August 18, 2016, the Employee was working as a flagger when a bus drove through a construction zone striking her sign paddle, causing right arm and shoulder to hyperextend. She was diagnosed with shoulder impingement and rotator cuff tendinopathy. On November 16, 2016, she was sent to Dr. Youngblood for an an "independent" medical evaluation who opined that she had suffered a sprain which was resolved and required no further treatment. At his deposition, he testified that her subjective complaints of pain were in excess of objective findings (i.e. she is lying) and that her shoulder was not injured at all. He also testified that she had age-related arthritis in her neck and mild rotator cuff tendinopathy “which just means that, you know, like the rest of us, she’s getting older.” He could not explain her pain so the Board gave his opinion less weight and was against the weight of the evidence. The Employee won.
Dr. Youngblood: Age and genetics, psychological issues
Piasini-Branchflower v Anchorage School District, AWCB Dec. No. 17-0041 (April 11, 2017). The Employee, a teacher, slipped on the ice and fell twisting her back neck to hips, also injuring her right knee and right hand on January 2, 2009. The Employer sent her to Dr. Scot Youngblood for an an "independent" medical evaluation who opined that her right knee meniscus tear was preexisting, related to age and genetics, and not related to the fall. He stated that she had multilevel degenerative disc disease, not caused or aggravated by work, and that her ankle sprain and thumb injury were not related. He also found significant psychological issues and there were no objective findings to support her ongoing pain complaints. The Board found that her hand injury and right knee injuries were work-related and specifically discounted Dr. Youngblood’s “age and genetics” causation opinion because it was conclusory, he didn’t understand the mechanics of the fall, and he behaved more like an advocate for the Employer than as an objective medical evaluator. The Employee won.
Dr. Youngblood: Strain resolved, no need for further medical treatment
Contreras-Mendoza v Alaska National Insurance Co, AWCB Dec. No. 18-0023 (March 6, 2018). On January 21, 2016, the Employee twisted her left ankle during a work basketball game. She was diagnosed with a peroneus brevis tear and surgery was recommended. On October 21, 2016, the Employee sent her to see Dr. Scot Youngblood for an an "independent" medical evaluation who opined that her ankle strain was resolved and medically stable, that her subjective complaints were in excess of objective findings, and she did not need treatment. The Board ordered a Second Independent Medical Evaluation (SIME).
Dr. Youngblood: Pre-existing knee problems
Blakeslee-Edwards v State of Alaska, AWCB Dec. No 16-0097 (October 27, 2016). The Employee, who suffered from cerebral palsy, tripped at work on April 28, 2008, December 14, 2011, and February 10, 2012. On March 20, 2014, her Employer sent her to see Dr. Eugene Wong and Dr. Scot Youngblood for an an "independent" medical evaluation. They concluded her knee problems were pre-existing. The Board ordered a Second Independent Medical Evaluation (SIME).
Dr. Youngblood: Age, genetics, and inherent foot anatomy
In Lena v Fred Meyer Stores, AWCB Dec. No 16-0135 (December 30, 2016), Dr. Younblood's an "independent" medical evaluation report stated that the Employee’s shoes could not have caused her condition (without examining the shoes) and the potential causes were “age, genetics, and inherent foot anatomy”. He opined she was medically stable, and needed no further treatment. His opinion was given less weight because of the inadequate basis.
Moral of the Story
There are two morals of this story:
- Dr. Youngblood’s opinion will be used against Employees,
- The Alaska Workers Compensation Board, more often than not, does not agree with his opinions.
If the insurance company in your case is sending you to see Dr. Youngblood for an an "independent" medical evaluation, it is because it plans to controvert your benefits. You should collect all your medical records and find an attorney now.
Keenan Powell has practiced Workers Compensation law in the State of Alaska for nearly 40 years and has dedicated her practice to Workers Compensation representing injured Alaskans handling hundreds of cases. http://www.keenanpowell.com/past-verdicts-settlements
All consultations are free.
To make an appointment, email keenan@keenanpowell.com or call: 907 258 7663.