Dr. Jared Kirkham works both sides of the workers compensation street.
He treats injured workers at Anchorage Fracture and Orthopedic.
And in the past few years, he has become one of the insurance companies’ favorite go-to guns for hire. The insurance companies call these reports "independent" but there's nothing independent about them - they're bought and paid for.
The remarkable thing about Dr. Kirkham’s EME (Employer Medical Evaluation) opinions is that he consistently opines that the injured worker’s ongoing pain and need for treatment is caused by “age, genetics, degenerative changes, deconditioning, and psychosocial factors.” Sometimes, he also say the workers are obese.
His opinion is remarkable because he has the same opinion regardless of the injury the employee suffered or how he or she was injured. Whether it’s a low back strain, disc protrusion, post-concussion syndrome, epicondylitis, or COVID, Dr. Kirkham always blames the same non-work-related causes: age, genetics, obesity, lifestyle factors, and psychosocial factors.
It doesn’t matter if the injury was sustained when rearended by a car, repetitive strain, exposure to COVID, lifting, hit in the head with frozen fish, or getting crushed.
Take a look at a few decisions below in which his reports have been cited.
(Note: you can find all these cases on the Alaska Workers Compensation Board’s legal research engine, https://labor.alaska.gov/wc/legaldir.htm)
Gaona v SEARHC/Alaska National Insurance Co., Dec. No-25-0010 (2/14/25)
Injury: L4-5 disc protrusion resulting in surgery.
Mechanism of injury: Squeezing between two parked cars.
Dr. Kirkham’s EME: Shimmying between two vehicles cannot cause a disc protrusion and the injury was more likely related to age and genetics, obesity, poor physical fitness, and psychosocial factors.
Toennis v Crowley Holdings/Old Republic Insurance Co., Dec. No 25-0002 (1/16/25)
Injury: Post-concussion syndrome, cervical and lumbar whiplash, ankle sprain.
Mechanism of injury: Rearended by car doing 50 mph.
Dr. Kirkham’s EME: No clear etiology for widespread, diffused pain and that the cause of the pain was history of chronic pain, age, genetics, personality factors, obesity, deconditioning, and psychosocial factors.
Johnston v ASD, Dec. No. 24-0065 (12/3/24)
Injury: Bilateral epicondylitis.
Mechanism of injury: Repetitive strain as a foodservice worker.
Dr. Kirkham’s EME: No objective evidence of an injury from the work-related activities. He stated that her pain and functional impairment were out of proportion to what would be expected. Just as in the Gaona case and the Toennis case, he opined that the causes for her current pain was “age, genetics, obesity, deconditioning” and “psychosocial factors.”
In this case, Dr. Kirkham’s opinion was given less weight by the Board because it found that he had not actually reviewed all the medical records he claimed he had – instead he was reviewing the adjuster’s notes.
Zanosko v Southcentral Foundation/Alaska National Insurance Co., Dec. 23-0037 (6/30/2023)
Injury: Long COVID
Mechanism of injury: Exposure to COVID.
Dr. Kirkham’s EME: Symptoms attributed to age, genetics, obesity, lifestyle factors, psychosocial factors, amongst other non work related psychological problems.
Wolfe v Advance Powder Coating/Alaska National Insurance Co., Dec. 23-0055 (10/5/23)
Injury: low back injury.
Mechanism of injury: Lifting.
Dr. Kirkham’s EME: Chronic low back pain was caused by “age, genetics, degenerative changes, deconditioning, and psychosocial factors.”
Rivas v Pacific Stevedoring/Seabright Insurance Co, Dec. 22-0028 (4/26/22)
Injury: Neck injury with chronic pain and right arm radiculopathy.
Mechanism of injury: Struck in the head with a box of frozen fish.
Dr. Kirkham’s EME: Any future medical care was caused by age, genetics, diabetes, deconditioning, and psychosocial factors.
Bennett v Ketchikan Pulp Co/National Union Fire Ins, Dec. 21-0043 (5/21/21)
Injury: Chronic low back pain.
Mechanism of Injury: Lifting
Dr. Kirkham’s EME: The substantial factors for ongoing pain and disability were “age, genetics, obesity, smoking, general poor health, deconditioning and psychosocial factors.”
Again, the Board gave Dr. Kirkham’s opinion less weight because he attached low significance to the employee’s pain symptoms even though his pain complaints were consistent and worsened due to the work injury and he cited studies that did not support his conclusions.
The Bottom Line!
If the insurance company arranged for you to see Dr. Jared Kirkham, they are setting you up for a controversion. Prepare yourself for a fight!
Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 40 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, call: 907 258 7663 or email keenan@keenanpowell.com.