The Workers Compensation Case, Guerrissi v State Dec. No 22-0020
On February 13, 2019, the Employee injured his neck and left shoulder at work. He say his physician the next day because of his neck pain and numbness in his shoulder radiating into his hand. After evaluations by a number of doctors, he had neck surgery, a discectomy and fusion, for a herniated disc. He then had surgery on his shoulder.
Enter The Hitman: Dr. David Glassman
On September 7, 2019, the Employer sent him to Dr. David Glassman, an orthopedic surgeon for an employer’s medical evaluation (EME). (Employers wrongly refer to these as “independent” medical evaluations.) Dr. Glassman works at the Navy hospital along side a long-time insurance defense expert, Dr. Scot Youngblood. For more on Dr. Youngblood, see: "Independent" Evaluations: Scot Youngblood, MD - Keenan Powell, Attorney at Law.
Not surprisingly, Dr. Glassman issued a report that stated all of the Employee’s problems were pre-existing, that he had a temporary aggravation of neck pain because of the work injury which had resolved, and that neither surgery was the result of the neck injury. As a result of the report, the Employer controverted all benefits including medical.
The Case
The Employee hired Keenan Powell. A claim was filed together with a petition for second independent medical evaluation (SIME). A SIME is an evaluation by an expert selected by the Alaska Workers Compensation. Board. For more about SIMEs, see: Negotiating the Maze III: Second Independent Medical Evaluations (SIME) - Keenan Powell, Attorney at Law
The Employer opposed a SIME evaluation. So the case went to hearing the first time. The Alaska Workers Compensation Board ordered a SIME over the Employer’s objection. Guerissi v State, Dec. No 20-0013 (3/16/20): D&O 20-0013.pdf (alaska.gov)
The Employee was seen by Dr. Bruce McCormack for his neck issues and Dr. John Lane for his shoulder issues. Both doctors agreed this his injuries were work-related and his surgeries were reasonable and necessary.
The Board's Decision: Employee Wins!
The case went to hearing on November 4, 2021. The Board ruled in favor of the Employee, specifically finding:
1. The February 13, 2019, work injury is the substantial cause of the Employee’s need for medical treatment for his cervical spine and left shoulder,
2. The Employee is entitled to medical and transportation benefits including all his out-of-pocket expenses, plus interest,
3. The Employee is entitled to PPI benefits,
4. The Employee is entitled to interest and penalty,
5. The Employee is entitled to fees and costs.
To read the full decision, see: D&O 22-0020 .pdf (alaska.gov)
What Are Your Rights? Find Out Now
You don’t need to wait until your claim is controverted to speak with an attorney. Find out your rights are and what you should be looking out for.
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.