The Freibott Law Firm was recently successful in prosecuting a case on behalf of one of its clients when it alleged that the client injured her knee from the repetitive use of operating machinery while working at DOW Chemical. The Freibott Law Firm was able to convince the Industrial Accident Board that the client often worked 12 hour shifts while working with very heavy machinery at DOW Chemical. Our client worked on the machines from 2006 through 20011. In 2011, our client began to make complaints about her elbows and knee to her managers. DOW Chemical denied compensability of the knee injury forcing The Freibott Law Firm to file a petition with the Industrial Accident Board.
The Industrial Accident Board found that the client was credible in her testimony; her medical expert was credible in his testimony; and that the client’s co-worker was also credible in his testimony. The Industrial Accident Board ordered the employer to pay for all of the client’s medical treatment, which included surgery in July 2012. The Industrial Accident Board further ordered the employer to pay for the claimant’s medical expert fee as well as an attorney’s fee. (Cibrian-Montiel v. DOW Chemical, IAB Hearing No. 1392291)