12-0024. MICHELLE L. KEENE Employee Claimant v. CITY OF NOME Employer and ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOC Insurer Defendant(s).
Court | Alaska |
Alaska Workers Compensation Decisions
2012.
Workers' Compensation Board
12-0024.
MICHELLE L. KEENE Employee Claimant v. CITY OF NOME Employer and ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOC Insurer Defendant(s)
Alaska Workers' Compensation Appeals Commission MICHELLE L. KEENE, Employee, Claimant, v. CITY OF
NOME, Employer, and ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOC, Insurer,
Defendant(s).AWCB Decision No. 12-0024Filed
with AWCB Fairbanks, Alaskaon February 9, 2012AWCB Case No. 200717364INTERLOCUTORY DECISION AND ORDERThe City of Nome's (Employer) June 13, 2011, petition for a
Second Independent Medical Evaluation (SIME) was heard on October 13, 2011, in
Fairbanks, Alaska. Attorney Robert Griffin represented Employer. Attorney
Herman Walker, Jr. represented Employee. The record closed at the hearing's
conclusion on October 13, 2011.
ISSUE
Employer contends there is a clear medical dispute between
Employee's treating physician and the Employer's Independent Medical Evaluator
(EIME) regarding causation of Employee's preterm delivery, and requests
Employee be ordered to attend an SIME.
Employee contends Employer's evidence regarding causation is
inadmissible and should be disregarded. She further contends once such evidence
is disregarded, there is no dispute warranting an SIME, and therefore an SIME
is unnecessary.
Shall an SIME be ordered pursuant to AS 23.30.095(k)?
FINDINGS OF
FACT
A review of the relevant record establishes the following
facts and factual conclusions by a preponderance of the evidence:
1) On March 21, 2007, Employee inhaled chlorine fumes while
inspecting chlorine tanks at the Nome Swimming Pool. Employee was approximately
23 weeks pregnant at the time. (Report of Injury, October 22, 2007; Workers'
Compensation Claim, March 10, 2009; Isada Deposition 37:4-7, May 3,
2011).
2) On March 21, 2007, Sai-Ling Liu, M.D. treated Employee at
the Nome Emergency Room (ER) and diagnosed preterm labor. Employee was
Medivaced to Anchorage. (Dr. Liu report, March 21, 2007).
3) On March 26, 2007, Employee's child was born. (Discharge
Summary, July 6, 2007).
4) On July 8, 2008, Leroy Casperson, M.D., evaluated Employee's
medical records for an employer's independent medical evaluation (EIME) and
opined Employee's chlorine exposure was not a cause of Employee's premature
labor and delivery. (EIME Report, Dr. Casperson, July 8, 2008).
5) On August 8, 2008, Employer controverted all benefits based
Dr. Casperson's EIME report. (Controversion, August 8, 2008).
6) On March 10, 2009, Employee filed a workers' compensation
claim (WCC) requesting temporary total disability (TTD) and temporary partial
disability (TPD) benefits, permanent partial impairment (PPI), medical costs,
transportation costs, penalty, interest, attorney's fees and costs, and a
finding of unfair or frivolous controversion. (WCC, March 10, 2009).
7) On March 31, 2009, Employer controverted all benefits based
on Dr. Casperson's EIME report. (Controversion, March 31, 2009).
8) On February 20, 2011, Lara Williams, M.D. evaluated
Employee's medical records and opined Employee's chlorine exposure was not a
cause of her preterm delivery. (EIME Report, Dr. Williams. February 20,
2011).
9) On May 3, 2011, Employer deposed Employee's treating
perinatologist, Nelson B. Isada, M.D. Dr. Isada opined Employee's chlorine
inhalation was the substantial cause of Employee's preterm labor and delivery.
(Isada Deposition 45:15-22, May 3, 2011).
10) On June 13, 2011, Employer filed a petition for an SIME,
along with a completed SIME form, which listed causation as a medical dispute.
(Employer's Petition for SIME, June 13, 2011).
11) There is a significant medical dispute between Employee's...
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