The Freibott Law Firm was successful in defending a Petition to Terminate on behalf of one of our clients when the Industrial Accident Board found that our client was not entitled to ongoing total disability benefits; but was, in fact, entitled to partial disability benefits. The medical experts in this case agreed that our client was able to return to work in a sedentary position. The Industrial Accident Board agreed that most of the jobs on the Labor Market Survey produced by the worker’s compensation insurance carrier involved customer service and that those jobs would not be the best area of employment for our client; however, the Industrial Accident Board agreed that our client would be able to obtain employment since our economy is in a strong job market and employers are desperate for employees to work and there are a record number of jobs available with a low unemployment rate. Accordingly, the Industrial Accident Board ordered the worker’s compensation insurance carrier to pay partial disability benefits because of our client’s wage loss. The Industrial Accident Board also ordered the worker’s compensation insurance company to reimburse our firm for our expert witness fees and further ordered the worker’s compensation insurance carrier to pay our firm an attorney’s fee. (Abe v. Smucker, Hearing No.: 1486540 Date of Decision: August 12, 2022)
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