Category: Workers Compensation

The Employee won her case in Lena v Fred Meyer Stores, Decision and Order 16-0135 issued on December 30, 2016.

http://appeals.dol.alaska.gov/docs/workerscomp/2016/16-0135.pdf.

In Lena, Fred Meyers lost both defenses it claimed. First it claimed that the Employee had not timely report her injury. The Board determined that she had reported the injury.

Fred Meyers then claimed that the condition, an aggravation of foot condition that required surgery, was not work-related. It relied upon the opinion of a doctor it hired, Dr. Scot Youngblood, an "independent medical examiner", in which he stated what the Employer hired him to write. The Board discounted his opinion because he didn't understand Alaska’s legal standard.

Under the Alaska Workers Compensation Act, if a work event aggravates, accelerates or combined with a pre-existing condition to create a disability or need for medical treatment, then it is workers compensation injury.

Most importantly, there is no distinction between aggravation of symptoms and aggravation of an underlying condition.  If a work event, even chronic overuse, aggravates symptoms creating a disability or need for treatment, then the injury is workers compensation. The Employee is entitled to have her medical treatment paid for by the Employer and to be compensated for her lost wages.

Keenan Powell has practiced law in Alaska for more than 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans.

All consultations are free.  If you want to set up a meeting, use the contact form on www.keenanpowell.com or call:  907 258 7663.

 

 

 

The 2015 Annual Report from the State of Alaska Division or Workers Compensation shows what a big business workers compensation claims are and insurance companies’ trends to improve their profits. The full report is accessible on the Division’s website at: http://labor.state.ak.us/wc/forms/2015AR.pdf

In 2015, Reports of Injury increased 6.5% from to 19,909 reported injuries. Insurance companies controverted 3,682 claims and after cases were filed with the Board, the insurance companies controverted 2,645 claims.

And the insurance companies are often wrong. 1,200 claims were filed in the Division (cases filed after the insurance companies controverted the claim). 614 cases settled after the insurance company controveted benefits and the Employee filed a claim. That’s more than one-half.  Another 164 cases went to hearing.

The point is: when insurance companies controvert benefits, the controversion is not always fair. According to these numbers, in more than half of the cases the insurance companies initially controverted, they later paid out settlements. They would not have done so if they thought they could win the case.

If you have been controverted, you need to find out whether you are being treated fairly. Call an experienced Workers Compensation attorney.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 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, use the contact form on this website or call:  907 258 7663.

The 2015 Annual Report from the State of Alaska Division or Workers Compensation shows what a big business workers compensation claims are and insurance companies’ trends to improve their profits. The full report is accessible on the Division’s website at: http://labor.state.ak.us/wc/forms/2015AR.pdf

In 2015, payments made to injured workers during the reemployment process (“41k”) were down .4 million dollars. Employee evaluations were down .9 million. Plan developments were down .03 million. And job dislocation benefits were up 1.7 million.

Why the push for job dislocation benefits when at first look it seems the insurance companies are spending more money on those benefits than they would have had they retrained the Employee?  The insurance companies are playing the long game in reemployment for two reasons:

First, reemployment can last for up to two years. Spending a little extra in the first year on job dislocation benefits will result in a savings the following year in retraining costs that weren’t paid.

Second, Employees only get reemployment or job dislocation benefits once in their life. By offering a few thousand to an Employee instead of retraining, when he is broke and needs it most, the insurance companies have insured that Employee will never be able to ask for reemployment benefits again. Ultimately, years down the line the savings will be huge.

There has been at least one recent important development in the law of reemployment: the job description which is used when evaluating an Employee’s ability to return to work in the job he was performing when injured. It used to be the Reemployment Benefits Administrator would pick one job description even if that description did not encompass all of the Employee’s duties. That is now against the law, they must consider more than one job description if that better fits the job that the Employee was doing. This difference can be crucial in whether or not an Employee received retraining or job dislocation benefits.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 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, use the contact form on this website or call:  907 258 7663.

 

 

Insurance companies don't like to pay for “palliative care”.

“Palliative care” is defined as “medical care or treatment rendered to reduce or moderate temporarily the intensity of pain caused by an otherwise stable medical condition, but does not include those medical services rendered to diagnose, heal, or permanently alleviate or eliminate a medical condition. AS 23.30.395(29).

In other words, palliative care isn’t going to fix you but it will help you deal with your pain. The most common types of palliative care are chiropractic treatment and chronic pain medication.

The Employer is obligated to pay for palliative care even after medically stability (not going to get better) under the following conditions:

1. To enable the employee to continue in the employee’s employment at the time of treatment,
2. to enable the employee to continue to participate in an approved reemployment plan, or
3. to relieve chronic debilitating pain.

AS 23.30.095(o).

In order to receive palliative care, you doctor must certify that the care meets on of those three requirements.

If your benefits have been controverted, you need to speak with an attorney.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 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, use the contact form on this website or call:  907 258 7663.

The question is:  Do an injured employee get workers compensation benefits when he or she is assaulted in the workplace?

The answer is: Maybe.

As a general rule, workplace assault is not covered by workers compensation. However in a recent case, Devine v Great Divide Ins. Co., the Alaska Supreme Court held that because the employer engendered, exacerbated or facilitated a workers’ assault, the then injuries arose out of an in the course of employment.

The facts of the case are: Thomas Sindorf was helping out Paul Chatari in his concrete business on July 7, 2009. Chatari had an employee, Christopher Todd Allen, who hated Sindorf. Allen told Chatari that he could not work in Sindorf’s presence. In order to calm him down, Chatari gave Allen two Valium.

Chatari knew Allen well enough to know that he was a violent person. Allen left the job side and then returned. Chatari did nothing to warn Sindorf or to warn the other employees about Allen. Chartari did nothing to stop Allen from attacking Sindorf.

When Allen returned to the jobsite, Allen attacked Chartari twice causing him significant injuries to his teeth, hip, shoulders and head. Allen was charged and convicted of assault.

If you were assaulted in the workplace, your entitlement to benefits will depend on the evidence. Did the business owner or your supervisor know that the person who assaulted you was violent? Did the business owner or your supervisor know that the person would single you out? Did the business owner or your supervisor warn you or take any steps to protect you?

If you were assaulted in the workplace and required medical attention or were disabled, you should speak with an attorney.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans handling hundreds of cases.  A sample of verdicts she has obtained for Employees is found at  http://www.keenanpowell.com/settlements_wc.html.

There is absolutely no fee for a consultation, all consultations are free.  If you want to set up a meeting, use the contact form on this website or call:  907 258 7663.

 

This time of year, I get a lot of calls from workers who have been unfairly denied Workers Compensation benefits. Some of the illegal excuses that the employers or the insurers use are:

1.  The injury was not reported on time. FALSE. You are required to report your injury when you have lost time from work or sought medical treatment AND you know that your injury is work-related. Most workers try to shake off their work injuries and don't want to complain about every little scratch and strain. So its reasonable that they would wait until the injury does not resolve to go see the doctor. If you report the injury after you saw the doctor, then you reported it timely. And if your boss or supervisor was aware you were hurt, then you reported it timely.
2. You didn't fill out a report of injury. FALSE. It's the employer's responsibility to fill out the report of injury and to file it with the board.
3. Your work injury is an aggravation of a preexisting condition (which never bothered you before). FALSE. When a work injury accelerates, aggravates or combines with a preexisting injury to cause a disability or need for medical treatment, it is still a workers compensation injury.

Workers Compensation law is complicated. If you have been denied benefits, for whatever reason, you need to speak to an attorney.

The Law Office of Keenan Powell provides FREE consultations regardless of whether or not you have been controverted.   To contact Keenan Powell, use the contact form found on the website, www.keenanpowell.com or call 258-7663.

For more information about Workers Compensation, see:  http://www.keenanpowell.com/faq‑wc.html.

In a workers compensation case, why hire an attorney instead of a non-attorney representative?

The first and most obvious reason is that an attorney cannot accept money from an employee for a workers compensation case. If the case is won or settled, the attorney is paid by the insurance company. By contrast, non-attorney representatives take money from the employee -- win, lose, draw.

The second reason is experience. Attorneys know what can go wrong because of their experience and can head problems off at the pass. A non-attorney doesn't have that experience, can make serious mistakes and turn what should have been a case of delicate negotiations into an all-out losing war.

The third reason is training. Attorneys have a comprehensive knowledge of law, procedure and ethics because they went to law school and are mandated by the bar to take continuing legal education every year. Their superior knowledge is a bedrock for understanding how the workers compensation system works. A non-attorney doesn't know why the compensation system differs or how to borrow from civil court procedure and cases to strengthen the injured worker's case.

The fourth reason is bar admission. An attorney is subject to disciplinary action by the Bar Association in the event that s/he commits a foul. A non-attorney representative probably didn't go to law school and gets off scot-free if s/he malpractices the case.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans. www.keenanpowell.com.

All consultations are free.  To make an appointment, use the contact form on this website or call:  (907) 258-7663.

The Alaska Workers Compensation Board handed an employee victory on January 5, 2016 in the case of Gerlach v Liberty Mutual Insurance Co, Decision No. 16-0003. In that case the employer denied that the claimant was an “employee” as defined by Alaska law.  The Board found otherwise.

Whether an employee is an “employee” or an “independent contractor” determines whether he is entitled to workers compensation benefits. An employee gets benefits. An independent contractor does not.

In applying the six factor “relative nature of the work” test, the Board found there was sufficient evidence to support an inference of an employer-employee relationship. The factors which the Board found decisive in this case were: the remodeling and maintenance of the fishing lodge was a regular part of the business, the employee wasn’t paid enough for him to secure his own insurance, the employee was hired on a continuance basis (rather than for a particular project), the employer exercised control over the employee’s work, and the maintenance tasks required little or no skill.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans. www.keenanpowell.com.

All consultations are free.  To make an appointment, use the contact form on this website or call:  (907) 258-7663.

 

Employees have no duty to cooperate with a nurse case manager sent by the insurance company. Freeman v ASRC, AWCB Decision No 15-0073 (6/26/15). 

Think of the nurse case manager as an insurance adjuster with a nursing degree because that is what she is. Her job is to minimize the medical benefits paid for an injured worker. She looks for evidence that the injury may not be work-related in an effort to defeat medical benefits.

And, sadly enough, there is one case documented (and probably more which have not shown up) where the nurse case manager directed the injured worker from one physician to another with whom she had an established professional relationship - a relationship so cozy that the doctor signed letters that had been written by the nurse as if he had written them himself. The evidence in the case tends to show that real reason the nurse sent the employee to that doctor was not because she was trying to secure good medical treatment from him but because she was hoping her favorite doctor would say the surgery wasn't needed or that it wasn't work related.

Under the Freeman case, the nurse case manager has a legal duty to inform the injured worker of her role, of the adversarial nature of workers compensation (i.e. she is working against him), his right to decline her assistance and the possibility and likelihood that the insurance company's and the worker's interest may someday diverge.

If the nurse case manager you're working with hasn't disclosed all of her role etc, you got to wonder what's going on.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans handling hundreds of cases.  A sample of verdicts she has obtained for Employees is found at  http://www.keenanpowell.com/past-verdicts-settlements.

All consultations are free.  To set up an appointment, use the contact form on this website or call:  907 258 7663.

When you’re first injured at work, there a three things you need to do.

First, you need to fill out a Report of Injury. Your employer should have that form. If your employer says they don’t have the form or refuses to give it to you, go to the Alaska Workers Compensation Board and tell them that you want to report your injury.  The Board’s office is at: 3301 Eagle Street Suite 304, Anchorage.   In Fairbanks, it’s at 756 Seventh Avenue Station K.   There is a Juneau office as well.  Call them at (907) 465-2790.

Second, if your doctor says you can’t work, then you need to get a disability slip from him.  Some doctors call this slip a “work release”.  You need to give that disability slip to your employer.  If the insurance company has already contacted you, then you should send them a copy.  You need to keep a copy for yourself and make a note of the date when you gave the slip to your employer or the insurer.

Third, you need to pull together your tax records from the previous two calendar years. If you were injured in 2015, then you need to pull together 2014 and 2013.  If you didn’t file taxes, you need to collect all of your W-2s.  You need to give a copy of these records to the adjuster so he or she can calculate your compensation rate.  You should keep a copy for yourself and again make a note of the date you gave this documentation to the adjuster.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans. www.keenanpowell.com.

All consultations are free.  To make an appointment, use the contact form on this website or call:  (907) 258-7663.