The Freibott Law Firm was recently successful in defending our client from a Termination Petition in the case of Carter v. Arbors at New Castle. Our client injured herself on March 6, 2012 when she was working as a certified nursing assistant. Our client injured her back and the employer acknowledged the work injury. However, our client’s injuries became much worse over the next several months and consisted of at least one, if not two, herniated discs in her low back. The employer believed that she was able to return to full time, no restriction work as per their medical expert, Dr. Christian Fras. Our client’s medical expert, Dr. Stephen Beneck, testified that the claimant was only able to return to a part time job working four hours a day with restrictions. The Industrial Accident Board weighed the credibility of Dr. Fras versus that of Dr. Beneck and also adjudicated the credibility of our client accordingly. Accordingly, the Industrial Accident Board found Dr. Beneck to be credible and found that our client’s complaints of pain to her low back were credible and that she truly had injured herself seriously. The Industrial Accident Board found that our client was partially disabled and only able to return to work on a part time basis. The Industrial Accident Board awarded ongoing partial disability benefits; the reimbursement of our client’s medical expert fee; and an award of attorney’s fees. (Carter v. Arbors at New Castle, Hearing No. 1381231, Date of decision April 18, 2013)
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