The Freibott Law Firm was successful in a recent worker’s compensation case wherein our client was injured in January of 2012 when he was attempting to remove a 40 foot extension ladder off of a truck on a windy day and injured his back. The estimated weight of the ladder was 140 pounds. The interesting part of this case was that our client had an extensive preexisting condition in his low back, thus complicating the facts of this case. Our client’s employer denied that an incident occurred; and, further believed that if an incident occurred, it denied any further injury to the claimant’s back. The Industrial Accident Board found that our client was credible in his explanation about the incident and found that “but for” the January 2012 incident at work, our client would not have significantly exacerbated his preexisting condition. The Board concluded that our client was entitled to a closed period of total disability and ordered the employer to pay for our client’s medical bills. The Industrial Accident Board further ordered the employer to pay our firm an attorney’s fee and reimburse our firm for the medical expert fee incurred in bringing this matter to the Industrial Accident Board. (Barlow v. N. Barton & Associates, Hearing No.: 1381509, Order date of October 11, 2012)
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