The Freibott Law Firm was recently successful in prosecuting a case on behalf of one of our clients. Our client was seeking permanent impairment benefits sustained from a work accident. Our client was descending steps at work when she lost her footing and fell down onto her wrists. She fractured both her wrists and underwent surgery to the left wrist and surgery was suggested for the right wrist. Our client decided not to have surgery on her right wrist because of the pain of therapy that she had to undergo for the left wrist. We presented a claim for permanent impairment benefits wherein our medical expert, Dr. Jeffrey Meyers, provided for an opinion for a 12% impairment to the left upper extremity and a 19% impairment to the right upper extremity. The defense medical examiner, Dr. Gelman, provided for a 3% impairment to the left upper extremity and an 11% to the right upper extremity. The Industrial Accident Board found in favor of our client and found that the opinion of Dr. Meyers was more credible than that of Dr. Gelman. The Industrial Accident Board found that Dr. Meyers’ use of the American Medical Association Guidelines, and specifically, his use of the loss of strength testing, formed the appropriate basis for permanent impairment rating. The Industrial Accident Board found that Dr. Meyers provided “a reasonable basis for rating permanency based on the measured lost grip strength in Claimant’s case.” Accordingly, the Industrial Accident Board found in our client’s favor and awarded permanency benefits; ordered the worker’s compensation insurance carrier to pay our firm an attorney’s fee; and further ordered the insurance carrier to pay for Dr. Meyers’ expert fee. (Charles v. State of Delaware,Hearing No.: 1420310Date of Decision: October 20, 2016)
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