Dr. Bauer – Go-to Insurance Expert
David Bauer MD is one of the go-to insurance experts in workers compensation cases. I’ve blogged about him before – a lot. For more posts about this doctor, see below.
Here are three recent decisions from the Alaska Workers Compensation Board where Dr. Bauer’s opinion was rejected.
Mitchell v State of Alaska, D&O 21-0039 .pdf (alaska.gov)
In May of 2019, the Employee injured his right ankle. He was diagnosed with a partial tear of his Achilles tendon. He was given physical therapy and fitted with a boot.
Enter Dr. Bauer
The State sent the injured worker to Dr. Bauer who said there was no tear of the Achilles and only a longstanding, chronic condition of a degenerating Achilles tendon. Further he stated that the work event was not the substantial cause of the conditions or symptoms and that he did not need surgery. After Bauer’s report, the Employee continued physical therapy.
The Employee Filed a Claim
In response, the state controverted (cut off) his benefits.
The Board Ruled
That Dr. Bauer’s report conflicted with the evidence and his own report. Whereas at one point he said there was no injury, he also stated that the past treatment was reasonable and necessary for an acute aggravation and increase in symptoms. And whereas his report said there was no Achilles tear, he testified there was a tear.
The Board gave Dr. Bauer’s opinion very little weight because his report and testimony conflicted with themselves, other medicine, and the prevailing law on the aggravation of pre-existing conditions.
The Employee won!
Christensen v Liberty Mutual D&O 21-0061.pdf (alaska.gov)
On May 1, 2020, the Employee was assaulted by a coworker. His neck was injured. He was given physical therapy and his pain did not improve.
On June 25, 2020, a surgeon recommended discectomy and fusion for his neck. He was given a preoperative exam.
Enter Dr. Bauer
Just before the surgery was to be done, Liberty sent the injured worker to Dr. Bauer on July 9, 2020. He diagnosed “symptoms out of proportion to objective findings.” He did not recommend additional medical treatment for the work incident.
Liberty controverted (cut off) benefits relying upon Dr. Bauer’s report.
On August 5, 2020, the injured worker had neck surgery.
The Employee Filed a Claim
On September 1, 2020, his doctor’s examination showed that he had none of the symptoms prior to surgery.
The Board Ruled
Again, the Board found Dr. Bauer’s report and testimony provided conflicting evidence, did not comport with the overall medical records, and was unclear about the Alaska law regarding acceleration and aggravation of preexisting conditions. The Board particularly criticized Dr. Bauer because he stated there were no new symptoms following the assault but the hospital records showed rapid symptom onset.
Employee won!
Wilson v Markel Insurance, D&O 21-0119.pdf (alaska.gov)
The Employee was given chiropractic treatment at work, after which he developed significant back pain which radiated down his left leg. An MRI showed a disc protrusion at L3-4. He was given physical therapy.
Enter Dr. Bauer
On June 5, 2020, the insurance company sent the injured worker to Dr. Bauer. Dr. Bauer diagnosed a lumbar strain as the result of the chiropractic treatment. He stated there was no radicular pain or other condition that would require invasive treatment. The insurer denied benefits relying upon Dr. Bauer’s report.
The Employee Filed a Claim
A Second Independent Medical Evaluation (SIME) was conducted. For more on SIMEs, see Negotiating the Maze III: Second Independent Medical Evaluations (SIME) - Keenan Powell, Attorney at Law
The Board’s doctor agreed with the Employee’s doctor that the chiropractic treatment had caused the disc protrusion.
The Board Ruled
The Board gave Dr. Bauer’s opinion little weight because of his failure to acknowledge and explain the disc herniations and the Employee’s lack of pain prior to the work event.
Employee won!
The Pattern
A pattern is forming!
- An Employee suffers a permanent life-changing injury.
- The insurance company hires Dr. Bauer who ignores the medical records and denies there was an injury.
- The Board rejects Dr. Bauer’s opinion.
- The Employee wins.
See More David Bauer MD Posts
"Independent" Medical Evaluations: The Boys Are Back in Town - Keenan Powell, Attorney at Law
Employee Wins Again! Meili vs. Liberty Northwest II - Keenan Powell, Attorney at Law
Never give up! Never surrender! 2021 in Review - Keenan Powell, Attorney at Law
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.