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SMITH v. RADECKI

No. S-13171.

238 P.3d 111 (2010)

Terry L. SMITH, Appellant, v. Patrick L. RADECKI, M.D., Appellee.

Supreme Court of Alaska.

August 27, 2010.

Attorney(s) appearing for the Case

Terry L. Smith, pro se, Fairbanks, Appellant.

Howard A. Lazar and Kendra E. Bowman, Delaney Wiles, Inc., Anchorage, for Appellee.

Before: CARPENETI, Chief Justice, FABE, WINFREE, CHRISTEN, and STOWERS, Justices.

OPINION

CHRISTEN, Justice.

I. INTRODUCTION

Terry Smith injured his back while working for CSK Auto, Inc. (CSK) and brought a workers' compensation claim. CSK arranged for Dr. Patrick Radecki to perform an independent medical examination to assess Smith's condition. Dr. Radecki examined Smith and reported that he had no physical injury resulting from the incident. But Smith later underwent an MRI which revealed several spinal problems, including...

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