The Freibott Law Firm was recently successful in defending our client in a Termination Petition case filed by the worker’s compensation carrier, and, simultaneously successful in prosecuting our own Petition to seek Additional Compensation Due. Our client injured himself on May 31, 2019 and the claim was originally denied as not work related. This firm successfully prosecuted our client’s original claim wherein the Industrial Accident Board agreed that our client was severely injured in the course and scope of his employer (see Abe v. Smucker Co., Hearing No.: 1486540 Date of Decision: November 7, 2019). However, in the most recent case, the employer/worker’s compensation insurance carrier filed a Petition to terminate our client’s total disability benefits. Our firm also filed a Petition to deem our client’s recent neck surgery work related. After hearing testimony from our client, his wife, and his treating expert, Dr. Yalamanchili, the Industrial Accident Board found that our client continued in his total disability status and denied the worker’s compensation carrier’s Petition to terminate his wage claim. Moreover, the Industrial Accident Board found Dr. Yalamanchili’s testimony to be more credible than that of Dr. Eric Schwartz, the defense doctor, and agreed with Dr. Yalamanchili that our client’s neck surgery was reasonable, necessary, and related to the original work accident. Accordingly, the Industrial Accident Board found that our client continued to be totally disability and ordered the worker’s compensation carrier to continue making total disability payments. The Industrial Accident Board further ordered the worker’s compensation carrier to pay all reasonable and necessary medical expenses, including the surgery. Lastly, the Industrial Accident Board ordered the worker’s compensation insurance carrier to pay an attorney’s fee and reimburse our firm our expert fee and costs. (Abe v. Smucker Co., Hearing No.: 1486540 Date of Decision: December 14, 2020)
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