The Freibott Law Firm was successful in its prosecution of a case in front of the Industrial Accident Board wherein our client injured herself at work and the injury was denied by her employer. On the date of the injury, our client was working as a teacher at New Castle County Head Start when she attempted to break up an incident between two young children. As our client was reaching to grab one of the children, the student suddenly pulled her right arm out and downward, and pulled so hard, that she lost grip of the student’s hand. Our client testified she felt a sudden sharp pain in the right side of her head, as if the area was struck by a baseball bat. The pain caused her to fall to her hands and knees. Over the course of the next several months, our client was treated by several physicians. She was ultimately referred to a doctor of physical medical who ordered diagnostic tests to determine a diagnosis. The Claimant was diagnosed with a brachial plexus injury which was not revealed by the diagnostic testing. The Claimant’s doctor referred her to physical therapy and, after completion of therapy, had nearly a full range of motion in her shoulder with only occasional numbness and tingling. The Claimant was then released to light duty work. The employer’s expert provided testimony that our client was not injured in any type of work accident and further testified that, in his opinion, our client was not credible in her explanation of her injury.
The Industrial Accident Board found that the defense expert was not credible and that our client’s testimony was, in fact, credible. Accordingly, the Industrial Accident Board ruled that our client was injured in a work injury and ordered the employer to pay for all medical treatment; to reimburse her attorney’s office for her medical expert witness fee; and to pay an attorney’s fee. (Shockley v. New Castle County Head Start, Inc., Hearing No.: 1382293, Order date of December 18, 2012.)