The Freibott Law Firm was recently successful at the Industrial Accident Board when the Board awarded worker’s compensation benefits for one of its clients. The Claimant was an installation supervisor for a modular office furniture company. The Claimant injured himself on August 19, 2011 while dismantling office furniture. He felt pain in his neck and across his shoulders but did not say anything about it at the time. He only asked his project manager if he could have a Tylenol or an Advil. The Claimant tried to work through his neck injury for the next week but became progressively worse and ultimately advised his supervisor. He went to the hospital and then to the doctor. It was determined that the Claimant had herniated two cervical discs in his neck. The employer denied the claim due to the fact that the Claimant failed to report the injury immediately. The Board found the Claimant was credible in his explanation as to why he did not report the injury immediately (because he wanted to maintain his job) and found the numerous witnesses that were lined up to testify against the Claimant by the employer actually helped the Claimant in that all testified the Claimant was an honest man and a hard working employee. The Board awarded ongoing total disability benefits and the payment of all medical expenses incurred to date by the Claimant. The Board also ordered the employer to pay the Claimant’s attorney an attorney fee as well as the reimbursement of expert witness fees. (Lamborn v. Business Move Solutions, Inc., Hearing No.: 1375088, Decision dated June 11, 2012)
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