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Tag: Dr. Youngblood

Should you be worried? You should.
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The Workers Compensation Insurance Company Has the Right to Request an IME.

The law is clear. The insurance company is entitled to schedule IMEs (so-called “independent medical evaluation”). But the IME must be done at a reasonable time. If you’re out of state or cannot attend the scheduled IME for some other reason, contact the insurance company immediately in writing and ask them to reschedule the exam.

Do You Need to Collect Medical Records for the IME Doctor?

There is nothing in the law that says you do. The IME is the insurance company’s expert and it is their responsibility to provide him with all the records he needs. The insurance company should have been collecting your records since shortly after you were injured.

Why Does the Insurance Company Want an IME?

There are several reasons the insurance company might want an IME and they all boil down to: the insurance company is looking for excuse not to pay your benefits. Some of the typical questions they will ask their “independent” doctor are:

  1. Are you really injured?
  2. Is the work  injury the cause of medical treatment?
  3. Is the work injury the cause of disability?
  4. Can the injured worker go back to work?
  5. Does the injured worker need future medical treatment?
  6. Does the injured worker have a permanent impairment?

Where Do Insurance Companies Find IME Doctors?

They have two sources. If the IME doctor is practicing in Alaska, be aware. He’s working both sides of the street: giving insurance companies the opinions they want (and getting paid) and treating injured workers (and getting paid). The common denominator here is the doctor is getting paid by the insurance companies and that is where his loyalty lies.

Otherwise, there are staffing agencies that provide doctors for “IME” evaluations. Here are some of those companies in Alaska cases:

Examworks: ExamWorks|Independent Medical Examinations, Peer Reviews, Bill Reviews

Objective Medical Assessments Inc (OMAC): OMAC | Genex (genexservices.com)

First Medical Advisory Group: About (firstmagime.com)

Oregon Medical Evaluations: Oregon Medical Evaluations, Inc. – a resource for effective claims management (ormedeval.com)

Should You Be Worried?

You should. If the insurance company wanted to continue paying your benefits, it wouldn’t have scheduled an “IME.” There is nothing “independent” about these evaluations. The insurance companies have established relationships with the evaluators. They pay these doctors, many of whom are retired, lots of money. And the insurance companies are shopping for a particular opinion, one that is favorable to them and unfavorable to the injured worker.

What Should You Do?

You need to go to the appointment.

If they get the opinion they want, they will immediately cut off your medical benefits, your disability benefits, or both. And then you'll be scrambling to collect your records. Don't wait.

Meanwhile you should be collecting a complete set of your medical records. You will need them to fight for your rights if the insurance company controverts your case. That means contacting every provider that saw and asking their records department for all you records. You are legally entitled to these records.

Why Bother Fighting?

Because the insurance companies lose these cases all of the time. Most often, they lose because the Alaska Workers Compensation Board decides the so-called “IME” doctor was wrong. For a list of cases employees won, check out:

Never give up! Never surrender! 2021 in Review - Keenan Powell, Attorney at Law

Never Give Up, Never Surrender 2020! - Keenan Powell, Attorney at Law

Never Give Up, Never Surrender - 2019 Victories - Keenan Powell, Attorney at Law

Never Give Up. Never Surrender. - 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 (in person, telephonic, or zoom), email: keenan@keenanpowell.com or call:  907 258 7663.

Alaska Holds Dr. Youngblood's Opinion is "Questionable"
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independent medical examination
Insurance Expert - Stock Photo

Dr. Youngblood – Go-to Insurance Expert

Scot Youngblood MD is one the go-to insurance experts in workers compensation cases. I’ve blogged about him before – a lot. For more posts about this doctors, see below.

Here is a unique decision regarding an evaluation by Dr. Youngblood, the case of Williams v Employers Insurance Co of Wausau, Dec. No 21-0106 (November 19, 2021). You can read the decision here: D&O 21-0106.pdf (alaska.gov)

Employee Injured at Work

On November 18, 2020, the Employee reported to his doctor that he injured himself at work lifting and twisting. His job required him to repackage six to seven pallets of soda per day. Each pallet had 81 cases. Each case had two 12-packs. He would bland three cases weight 62 pounds and stack them onto pallets about 54 times a day.

Insurance Company Hired Dr. Youngblood

An MRI revealed a disc protrusion. On March 19, 2021, he was evaluated by Dr. Youngblood upon the Employer’s request. He did not look at the MRI. Regardless he diagnosed a lumbar strain with excessive subjective complaints caused by “age, genetics, and the industrial accident.” It was his opinion that the Employee was medically stable three months after his injury, needed no further treatment, and was clear to return to full duty.

On April 16, 2021, the insurance company denied all benefits based upon Dr. Youngblood’s report. On that same day, he was seen by Dr. Fix who diagnosed a L4/5 disc herniation and recommended a partial discectomy.

Employee Filed Claim

On April 27, 2021, he filed a claim with the Alaska Workers Compensation Board. It went to hearing on November 19, 2021. The Employee’s three physicians agreed that his injury was caused by work. Before November 18, 2020, he did not have radiculopathy (pain running down one leg). An MRI after the event showed a herniated disc. He needed surgery. However, Dr. Youngblood was the lone voice who opined that his condition was merely a strain, had resolved, and did not require future treatment.

The Alaska Workers Compensation Board’s Decision

The Board gave the treating physician’s testimony the greatest weight because they had physically examined the Employee, reviewed the MRI, considered his complaints before giving the radiculopathy diagnosis. They all agreed that his job caused his need for medical treatment and disability, that he was not medically stable, and needed back surgery.

The Board was critical of Dr. Youngblood because he merely conducted a chart review, did not personally examine the Employee, and never looked at the MRI. Dr. Youngblood’s excuse for not looking at the MRI was that he was in a busy clinic and it was the adjuster’s job to provide the MRI to him. The Board held “MRIs are essential in determining muscoskeletal issues.” Further it held “Dr. Youngblood’s commitment to provide an accurate medical opinion is questionable, his opinion is given no weight.”

The Board awarded the Employee temporary total disability (TTD) benefits, medical benefits, and travel benefits.

See More Scot Youngblood MD Posts

Dr. David Bauer and Dr. Scot Youngblood: "Independent" Medical Evaluations - Keenan Powell, Attorney at Law

"Independent" Evaluations: Scot Youngblood, MD - Keenan Powell, Attorney at Law

Insurance Defense Doctor: Dr. Scot Youngblood - Keenan Powell, Attorney at Law

Injured Worker Beats Dr. Youngblood at Hearing - Keenan Powell, Attorney at Law

Victory in Workers Compensation Case! - 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.

On March 24, 2022, an injured worker won his case.
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Victory in Workers Compensation Case

Victory in Workers Compensation Case!

On March 24, 2022, an injured worker won his case. Then Alaska Workers Compensation Board issued a decision in the case of Torres v Zurich American Insurance Co and Northern Adjusters, AWCB Dec. No. 22-0021: D&O 22-0021.pdf (alaska.gov)

Work Injury

Facts: The employee injured both shoulders while working as roofer, clearing off a roof. When he realized the pain and weakness was not going away, he went to the doctor and reported the injury to his employer. MRIs showed that he had tears in both shoulders.

At first, physical therapy was recommended. When it did not improve his pain and function, his physician recommended surgery.

Enter Dr. Scot Youngblood

That is when the insurance company, Zurich, hired an “independent” medical evaluator, Dr. Scot Youngblood, who wrote a report stating that the SLAP tears were the produce of age-related degeneration and that the tears were not the result of the employee’s work activities. For more information on Dr. Youngblood, see: "Independent" Evaluations: Scot Youngblood, MD - Keenan Powell, Attorney at Law

The insurance company, represented by Jeffrey Holloway of Babcock, Holloway, Caldwell and Stires, controverted the claim. It cut off medical benefits so the doctors wouldn’t get paid and the surgeries could not go forward. They also cut of the employee’s disability benefits.

Fighting the Insurance Company

The employee hired Keenan Powell, who filed a claim on his behalf. The Board ordered a second independent medical evaluation (SIME) from a truly independent doctor. For information on the SIME process, see: Negotiating the Maze III: Second Independent Medical Evaluations (SIME) - Keenan Powell, Attorney at Law

The Board’s doctor said the shoulder injuries were work-related, the employee was disabled from the injuries, and he needed surgery.

The case went to hearing on February 17, 2022. Afterwards, the Board issued the Final Decision and Order which held, amongst other things the Employee was entitled to an order finding work is the substantial cause of his need for bilateral shoulder medical treatment and disability.  

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.

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"Independent" Medical Evaluation

I’m getting a lot of calls lately. Injured workers are worried. They have been sent to an"independent" medical evaluations. And, they have every reason to be concerned. If your insurance company is sending you to one of these doctors, then you should be worried too. The insurance company wants to cut off your benefits. And it hired Dr. Bauer or Dr. Youngblood to give them a reason. They don't care if you aren't finished treating. They don't care if you can't go back to work. They want to stop paying your disability and medical benefits.

Ain't Nothing "Independent" About Them.

Dr. David Bauer and Dr. Scot Youngblood are two insurance company darlings. They have been traveling up to Alaska frequently as of late. And they have been producing reports for years. But there ain’t nothing independent about them! These doctors are paid thousands of dollars for every report they write. And they keep writing these reports no matter how often the Alaska Workers Compensation Board shoots them down which is over and over again.

Dr. Bauer's Cases

To learn more about Dr. Bauer, check out my blog here: "Independent" Medical Evaluations: The Boys Are Back in Town - Keenan Powell, Attorney at Law

Dr. Youngblood's Cases

To learn more about typical Dr. Youngblood repots, check out my blog here: "Independent" Evaluations: Scot Youngblood, MD - Keenan Powell, Attorney at Law

What Happens Next?

Once the insurance company receives the “independent” medical evaluation report, they will cut off your benefits immediately. They should send you a Controversion Notice. But they don’t always. Not to worry, you don’t need a formal notice to start the claims process.

If you want to see what the notice should look like, the forms are available on the Alaska Workers Compensation Board's website: Workers' Compensation Forms (alaska.gov).

Short story: if your insurance company is sending you to see one of these doctors, its because they intend to cut off your benefits, you're in for a fight.

What to do? Start collecting all your medical records from your treating physicians and call an attorney.

Contact an Experience Workers Compensation Attorney

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.