The Freibott Law Firm was recently successful in prosecuting a claim on behalf of one of our clients. This case involved two petitions: our Petition to Seek Additional Compensation for a proposed cervical spine surgery and the Employer’s Petition to Terminate our client’s total disability status. Our client was injured on September 20, 2019 when she slipped and fell onto her back while at work causing her safety helmet to break. Our client injured her neck and back and other body parts. Our client underwent a lumbar fusion but still had lingering neck complaints. At the hearing, Dr. Lingenfelter of First State Orthopaedics, testified on behalf of our client and recommended a fusion surgery for her neck. The Employer hired a retired neurosurgeon, Dr. Fedder. The Industrial Accident Board found that Dr. Lingenfelter was far more credible than that of Dr. Fedder as Dr. Fedder ignored many facts in this case including two cervical MRI’s that clearly showed herniated discs at several levels. Dr. Fedder claimed that the findings on these MRI’s were irrelevant. The Industrial Accident Board also found our client to be very credible in her testimony and denied the Employer’s Petition to Terminate her total disability status. Moreover, the Industrial Accident Board granted our Petition for our client to seek a cervical fusion. Accordingly, the Employer now is required to pay continued total disability payments; medical benefits that have not been paid; the cervical fusion that will be scheduled in the near future; reimbursement of Dr. Lingenfelter’s expert witness fee; and an attorney’s fee to our law firm. In addition, the Employer conceded that our client was able to seek treatment at a local pain management facility and withdrew its other Petition that was to be heard at a future date. (Angela Fuentes-Mitchell v. PSSI Holdings, LLC., Hearing No.: 1493075 Date of Decision: April 14, 2023)
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