The Freibott Law Firm was recently successful in prosecuting a case on behalf of one of its clients. The client was originally injured in February of 2010 while working for the City of Wilmington. The client’s original injuries consisted of a neck injury and a back injury for which she has had surgery to each part of her spine. On November 2, 2013, the client fell, sustaining a severe fracture of her foot. It was the contention of our law firm that the fall was the result of the radiculopathy (nerve injury) from the low back sustained at work in February of 2010. The City of Wilmington denied any type of causal relationship between the left foot injury and the original work injury. The Industrial Accident Board agreed with our firm’s argument regarding the relationship between the fall and the original work accident. The Industrial Accident Board held that “the claimant has proved by a preponderance of the evidence that the left foot fracture was caused by the compensable low back injury, and thereby was causally related to the original work accident of February 2010.” The Industrial Accident Board found the “claimant’s testimony to be straightforward, consistent, and credible” and the credibility of her expert, Dr. Meyers, was superior to that over the credibility of the City’s expert. The Industrial Accident Board ordered that the City pay the claimant’s medical bills concerning the left foot fracture, future surgery to her left foot, and any total disability status causally related to the work accident. The Industrial Accident Board also ordered that the City to pay an attorney’s fee and to reimburse our office for the medical witness fee of Dr. Meyers. (Reyes v. City of Wilmington, Hearing No.: 1350709, Order date of September 4, 2014)
Related posts