In Tobar v. Remington Holdings LP,[1] the supreme court held there was not substantial evidence to support Alaska Worker’s Compensation Appeals Commission’s affirmation of a revocation of disability payments. Tobar worked as a housekeeper for Remington Holdings at a hotel. While working in July 2013, she injured her back lifting bed linens and was referred to the Alaska Spine Institute for care. After undergoing treatment and care at the Institute that summer and fall, Tobar did not return for the final three months of 2013. After returning in January, 2014, Tobar resumed physical therapy. Her treatment was stopped when Remington performed an employer’s medical evaluation through Dr. Youngblood. Using only Tobar’s medical records through October, 2013, Dr. Youngblood concluded the accident caused a strain, but was not the cause of her current need for medical treatment. The Alaska Workers’ Compensation Board relied on Dr. Youngblood’s report to revoke her disability payments. The Alaska Worker’s Compensation Appeals Commission affirmed the Board’s conclusion that Tobar was unable to prove the work injury was the substantial cause of her need for treatment. On appeal, the court emphasized the lack of weight the Commission granted to the medical evidence it mentioned, as well as the medical records from Tobar’s physical therapy it ignored. The Commission pointed towards Tobar not attending physical therapy as evidence her pains were not related to the accident, but the court noted Tobar stopped attending because her benefits were revoked and she could not afford the treatment. The supreme court held that the Commission erred in finding the Board’s decision was supported by substantial evidence.
[1] 447 P.3d 747 (Alaska 2019).
