2007-035. Arsenia V. Morgan Appellant/Cross-appellee vs. Alaska Regional Hospital and Broadspire/Arctic Adjusters Appellees/Cross-appellants.

Case DateFebruary 28, 2007
CourtAlaska
Alaska Workers Compensation Decisions 2007. Workers' Compensation Appeals Commission 2007-035. Arsenia V. Morgan Appellant/Cross-appellee vs. Alaska Regional Hospital and Broadspire/Arctic Adjusters Appellees/Cross-appellants Alaska Workers' Compensation Appeals CommissionArsenia V. Morgan, Appellant/Cross-appellee vs. Alaska Regional Hospital and Broadspire/Arctic Adjusters, Appellees/Cross-appellants.Decision No. 035 February 28, 2007AWCAC Appeal No. 05-005AWCB Decision No. 05-0256, 05-0304 AWCB Case Nos. 200120068M 200101819, 200010470, 200120077Final Decision Final Decision on Appeal of Alaska Workers' Compensation Board Decision No. 05-0256 issued October 5, 2005 by the south-central panel at Anchorage, Rosemary Foster, Chairman, and John A. Abshire, Board Member for Labor; and, on reconsideration, Decision No. 05-0304 issued November 17, 2005 by the south-central panel at Anchorage, Rosemary Foster, Chairman, and John A. Abshire, Board Member for Labor. Appearances: Arsenia Morgan, appellant and cross-appellee, pro se; Tasha M. Porcello, Law Office of Tasha M. Porcello, for appellees and cross-appellants, Alaska Regional Hospital and Broadspire/Arctic Adjusters.Commissioners: John Giuchici,Chris Johansen,and Kristin Knudsen. This decision has been edtted to conform to technical standards for publication. By: Kristin Knudsen, Chair. Arsenia Morgan, a self-represented litigant, appeals from a board decision denying her (1) claim for reemployment benefits because she failed to appeal denial of reemployment benefits on time; (2) three claims for compensation and medical benefits because she failed to request a hearing on time; and, (3) a claim for medical benefits and compensation for a foot injury because the board found the claimed benefits were not related to the reported injury. The cross-appeal challenges the timeliness of the appeal.(fn1) Because we find there was substantial evidence in the record to support the board's decision, we affirm the board's denial of Morgan's claims. The procedural challenges to the appeal are therefore moot. Factual background. We summarize the facts of this case. In doing so, we may cite to the record, but our citations are not to be considered independent findings of fact. Rather, we wish to assure the appellant, who is self-represented, that we have not gone beyond the board's record in reviewing her appeal. Arsenia Morgan was hired by Alaska Regional Hospital to work as a certified nurse's aide on July 6, 1999. Her first report of injury was dated June 2, 2000, when she reported injuring "half of upper body, left shoulder, arm, wrist" during a patient transfer when she "bumped wrist on side rail of bed."(fn2) This injury was assigned case number 200010470. She sought treatment at the Elmendorf AFB hospital on June 3, 2000. Alaska Regional Hospital paid temporary compensation from July 10, 2000 through July 16, 2000.(fn3) Morgan's second injury was January 29, 2001. She described the injury as "preexisting injury/illness of left arm/wrist" when assisting "nurses and CNA lifting patients in and out of bed, toileting, transfer from bed to chair."(fn4) This injury was assigned case number 200101819. She sought treatment from Peter Ross, M.D., an orthopedist, beginning March 18, 2001. Alaska Regional Hospital paid a day of temporary compensation for this injury in March 2001,(fn5) and temporary compensation from September 1, 2001 to September 28, 2001.(fn6) She continued to work part of this time. Morgan's third injury was September 19, 2001. She described an injury to the "top of [left] foot" when, while standing at the foot of a patient bed, the air bed pump motor fell off the bed and struck the top of her foot.(fn7) This injury was assigned case number 200120077. Morgan's fourth injury was September 27, 2001. She reported she injured her right arm and shoulder joint. She stated she "was reaching for the supplies on the top shelf of the activity room and suddenly felt an intense pain in my back (upper) and ache in my shoulder joint. It was aching before but much more now."(fn8) She was seen at Elemendorf Hospital's emergency room September 27, 2001, and taken off work beginning October 1, 2001. This injury was assigned case number 200120068. Alaska Regional Hospital paid temporary compensation benefits from September 27, 2001 to April 2, 2002.(fn9) In October 2001, Morgan quit Alaska Regional Hospital and moved to Fairbanks. While she lived in Fairbanks, she was involved in two motor vehicle accidents. The car she was driving was rear-ended in February 2003. On February 24, 2004, she was struck on the driver's side by another car traveling at a fast rate of speed as she drove into an intersection. A witness described her car as being struck hard enough to lift her car in the air and spin it around. While in Fairbanks, Morgan worked at Eielson AFB as a clerk, for other employers in quality assurance, as a care coordinator, and as a personal care attendant. Morgan has since moved back to the Anchorage area. After holding other jobs as a certified nurse aide, she returned to work at Alaska Regional Hospital. Board proceedings. A. The request for reemployment benefits. On September 27, 2001, Morgan filed a written request for an eligibility evaluation.(fn10) The reemployment benefits administrator assigned Tom Clark of Corvel Rehabilitation to perform the evaluation.(fn11) On March 1, 2002, Clark filed an addendum to his January 24, 2002 report(fn12) to the administrator recommending that the employee not be found eligible for retraining.(fn13) The administrator, based on Clark's report and addendum, decided that Morgan was not eligible for retraining.(fn14) On Monday, March 18, 2002, the administrator sent her a decision letter containing the following statement:
If you disagree with my decision that you are not eligible for reemployment benefits, you must complete and return the attached Workers' Compensation Claim (Form #7-6101) within 10 days of receipt of this letter. Please pay particular attention to section 24(g). If you do not request review of my decision within the 10 day period, the decision is final.
Assuming Morgan received the decision letter by Friday, March 22, she would have had until Monday, April 1, 2002 to file an appeal on the attached form. Morgan did not file an appeal of the administrator's decision as directed by the letter. Instead, on May 15, 2002, she filed a second request for reemployment benefits.(fn15) The administrator's designee responded on June 7, 2002:
I have received your second request for a reemployment benefits eligibility evaluation. Your first request was made on September 27, 2001. Subsequently, Douglas Saltzman found you not eligible on March 18, 2002. In addition, your insurer controverted all benefits on April 4, 2002.
At this time, we cannot act on your request because you were found not eligible on March 18, 2002. We have not received a claim appealing Douglas Saltzman's March 18, 2002 eligibility determination from you. Until you file the claim, this issue will not be heard by the Alaska Workers' Compensation Board.
No further action will be taken on your request for an eligibility evaluation until you file a claim appealing the eligibility determination by Mr. Saltzman and the AWCB makes a decision on your appeal.(fn16)
Morgan did not file an appeal until January 31, 2005.(fn17) She asserted she was entitled to reemployment benefits because the denial was based on Dr. Pierson's incorrect or incomplete prediction of impairment(fn18) and that if she had not been injured she would have been able to finish her B.S. degree in nursing.(fn19) B. The workers' compensation claims. Morgan filed her first workers' compensation claim on October 15, 2001, for the June 2, 2000 injury, the January 29, 2001 injury, and the September 27, 2001 injury. These injuries are related to her arms and shoulders. In each, she requested compensation, medical benefits, and transportation expenses. Alaska Regional filed answers to the claims on November 16, 2001.(fn20) A pre-hearing conference was held January 11, 2002 in Anchorage (Morgan attended by telephone) in which the three claims were joined.(fn21) Alaska Regional sent Morgan to an employer medical evaluation by Dejan Dordevich, M.D., a rheumatologist, and John Thompson, M.D., an orthopedic surgeon, on February 27, 2002.(fn22) The evaluators concluded that she had no current occupationally related condition or disease that was related to the injuries on June 2, 2000, January 29, 2001, or September 27, 2001.(fn23) The evaluators also found she was medically stable, required no further care, and had no permanent impairment.(fn24) Based on their report, Alaska Regional filed controversions of each of Morgan's claims on April 5, 2002.(fn25) On April 17, 2002, Morgan filed amended claims.(fn26) She dropped her request for transportation costs.(fn27) The employer answered the amended claims on May 21, 2002.(fn28) Following a series of pre-hearing conferences, the board's pre-hearing officer ordered a second independent medical evaluation on April 30, 2003.(fn29) On June 3, 2003, Morgan was examined by Larry Levine, M.D., on behalf of the board, in a second independent medical examination.(fn30) Dr. Levine's report was not favorable to Morgan. He concluded there was no evidence of on-going work injury, and no further treatment of the reported work injuries was required. He stated that Morgan had been medically stable since April...

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