The Freibott Law Firm was recently successful in prosecuting a case in front of the Industrial Accident Board. Our client was injured on August 19, 2013 when he was working for a HVAC company and was lying on his side in a confined space, trying to pull a motor assembly out. As he was yanking on the unit, he heard a popping sound. He got up and felt pain from his neck and right shoulder and told his boss. Several days later, he appeared at his primary care physician’s office and documented his injuries for his neck and right shoulder. The worker’s compensation insurance company denied the claim stating that the client was injured not as a result of any work related activities; rather, he was injured due from preexisting degenerative conditions. It was clear that our client never treated for any neck or right shoulder problems before and after the work accident, was in need of surgery to both his neck and shoulder. The claimant and his medical experts were found to be very credible in their explanation of the injuries and relationship to the work injury. The Industrial Accident Board did not find the defense medical examiner (Dr. Katz from Philadelphia) to be credible in any part of his testimony.
As a result, the Industrial Accident Board ordered the insurance company to pay for our client’s total disability benefits; outstanding medical benefits; payment of expert testimony fees; and the payment of an attorney’s fee. (Bell v. Breeding & Day, June 12, 2014; IAB Hearing No. 1402812)