Dr. Dennis Chong is a Physical Medicine & Rehabilitation Specialist is a favorite insurance company expert, hired to deny Employee claims. The following cases can be found on the Alaska Workers Compensation Board’s website legal research engine: Home Page (alaska.gov)
These cases are remarkable in the wide range of injuries the Employees suffered, and the various diagnoses their doctors made, but Dr. Chong diagnosed that the Employee was not injured or, if he was, it was mild injury and he should have recovered, could go back to work, and didn’t need further medical treatment.
Unsel v Liberty Northwest Insurance Company, AWCB Dec. No 24-0007 (2/14/24)
On 9/6/12, the Employee was involved in a work-related motor vehicle accident which caused back pain so severe he was treated with pain medication and treated with epidurals and nerve root blocks. The MRI showed that he had neural foraminal narrowing. The insurance company sent him to Dr. Michael Fraser and Dr. Dennis Chong who diagnosed a lumbar sprain/strain that had resolved. He later had two surgeries and was diagnosed with “failed back syndrome.” The Board ordered that a spinal cord stimulator treatment was reasonable.
Thomas v Republic Indemnity of America, AWCB Dec. No 23-0078 (12/18/23)
On behalf of the insurance company, Dr. Dennis Chong diagnosed the Employee with a work-related cranial contusion and opined that the disability would have ended within one week, that the Employee was medically stable, did not require further medical treatment, and did not have a permanent partial impairment rating. Based on his report, the Employer controverted reemployment benefits. The Board restored the benefits.
Nartey v State of Alaska, AWCB Dec. No. 23-0053 (9/5/23)
The Employee, a nursing assistant at API, was attacked by a patient. She reported head and neck injuries and a concussion. Dr. Dennis Chong and Dr. Richard Rivera performed “independent medical evaluation” and opined that she had reached medical stability one month after conservative treatment to her neck, had no work restrictions, and no further need for treatment. The case is ongoing.
Hermans v State of Alaska, AWCB Dec. No. 21-0085 (9/15/21)
In 2019, the Employee reported low back pain after moving heavy objects at work. The State sent him to Dr. Dennis Chong, who diagnosed (1) chronic morbid obesity, (2) preexisting chronic mechanical back pain, (3) preexisting lumbar spine multilevel degenerative disc disease and spondylosis, and (4) work-related lumbar sprain/strain. Dr. Chong further opined that no further medical treatment was necessary, that the Employee had reached medical stability and did not have a PPI rating. The Alaska Workers Compensation Board ordered a SIME (Second Independent Medical Evaluation). For more information about SIME: Negotiating the Maze III: Second Independent Medical Evaluations (SIME) - Keenan Powell, Attorney at Law
Cartwright v Mat-Su Borough School District, AWCB Dec. No 21-0059 (7/15/21)
The Employee, a special education teacher, was attacked by a student. She was initially diagnosed with a closed head injury and concussion. When her symptoms persisted and worsened, she was diagnosed with a traumatic brain injury. The Employer hired Dr. Chong who opined that her closed head injury was work-related but that it had resolved, and she could go back to work. The Alaska Workers Compensation Board ordered a SIME (Second Independent Medical Evaluation).
Brink v State of Alaska AWCB Dec. No. 21-0011 (2/16/21)
The Employee was a nurse at API. She was attacked by a patient. She suffered cognitive symptoms, nausea, photophobia, dizziness, head pain, and fatigue and was treated by a neurologist. Her Employer sent her to Dr. Chong who opined that there was no evidence that she had a concussion or brain injury, and if she had one, it would have resolved within three months.
Womack v American Zurich Insurance Company, AWCB Dec. No. 20-0086
An Employee slipped and fell at work, hitting his eye and losing consciousness. He was diagnosed with a closed head injury. He developed regular headaches that worsened when he strained his eyes and other symptoms. He was eventually diagnosed with post-concussive syndrome and restricted from work. The Employer’s expert, Dr. Chong, opined that he had a “possible” mild traumatic brain injury that should have resolved in one to two months, and that his need for treatment was related to his anger, catastrophizing, and magnified sense of injustice. He also opined the Employee did not need further treatment.
Harrison v Liberty Northwest Insurance Corp, AWCB Dec. No. 20-0008 (2/26/20)
The Employee broke his foot at work when he was chased by a grizzly bear. He was diagnosed with complex regional pain syndrome (CRPS). Dr. Chong diagnosed a broken foot bone, anxiety and a learned disability from being told he had CRPS, but that there was no CRPS. He specifically stated that his 8/23/18 examination showed none of the symptoms for CRPS (the Budapest Criteria). He further opined that no further medical treatment was necessary and there was no PPI rating. Three weeks after the “IME”, the Employee was seen by his own physician who documented four Budapest Criteria. The Alaska Workers Compensation Board sent the Employee to a SIME (Second Independent Medical Evaluation) in which the Board’s doctor also documented several Budapest Criteria and agreed with the treating physician that the Employee had CRPS. The Alaska Workers Compensation Board awarded medical benefits, transportation benefits, temporary total disability (TTD), and a permanent impartial rating (PPI).
Rogers v Marke Insurance Company, AWCB Dec. no 19-0098 (9/30/19)
The Employee, a mechanic, was swinging a large hammer when the hammer head came off the handle, striking him on the left hand and thumb and smashing his hand. He was initially diagnosed with a contusion. Later, when his hand continued to hurt, he was diagnosed with a non-displaced fracture. When the pain continued, he was diagnosed with complex regional pain syndrome (CRPS). The Employer sent him to Dr. Chong, who diagnosed a hairline fracture and opined there was no CRPS because the Employee did not meet the Budapest criteria. The Alaska Workers Compensation Board awarded medical benefits, transportation benefits, and temporary total disability (TTD).
Elardo v Walmart, AWCB Dec. No 19-0057 (5/8/19)
Employee injured his back at work. He was diagnosed with an annular tear and disc herniation. He was treated with epidural injection and physical therapy. Dr. Chong diagnosed a lumbar strain/strain opined that his low back pain was not work-related. The SIME doctor disagreed. After a hearing, the Employee won benefits.
Nielsen v Teamsters, AWCB Dec. No. 19-0019 (2/15/19)
The Employee rammed his head onto a truck differential housing while working as a mechanic causing neck pain. He had disc replacement surgery on his C6-7. He continued to have neck pain and headaches and was diagnosed with chronic pain. Dr. Chong opined that his problems were not work related. After a hearing, the Board awarded continued palliative medical care (pain management).
Umiker v Seabright Insurance Co, AWCB Dec. No 15-0006 (1/21/15)
The Employee was a registered nurse. She slipped and fell at work and began seeing a chiropractor for her neck and back pain. She was later diagnosed with severe degenerative disc disease L5-S1 and grade 2 spondylolisthesis of L5 on S1. Surgery was recommended. Dr. Chong opined that she had merely suffered a neck and back strain, as medically stable and did not require further treatment. The Board awarded her benefits including temporary total disability, a PPI rating, and a reemployment benefits determination, finding that the work injury was the cause of her disability and need for medical treatment.
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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. www.keenanpowell.com.