The Freibott Law Firm was recently successful in defending a Petition to Terminate our client’s lost wage claim. Our client was injured on October 31, 2007. He originally injured his left knee, which was deemed compensable by the insurance company. However, our client’s left leg gave out on him in January of 2010 which caused him to fall and injure his right shoulder. The insurance company denied that the right shoulder injury was related to the original work accident. Accordingly, the insurance company filed a Petition in front of the Industrial Accident Board to stop our client’s lost wage claim.
Upon cross examination of the insurance company’s medical doctor, he agreed that the Claimant’s description of his right shoulder injury was consistent with our client’s presentation to his orthopaedic surgeon. The doctor agreed that our client did not have any prior problems with the right shoulder and “if the Claimant fell due to his left knee giving out, as he describes, then the right shoulder injury would be secondary to the 2007 work injury.” The Industrial Accident Board agreed with the overwhelming medical evidence in this case and found for our client. The Board awarded the compensability of the right shoulder; ordered the insurance company to pay attorney’s fees associated with the litigation at the Industrial Accident Board; and further ordered the insurance company to pay our client’s medical expert for his testimony. Moreover, the Industrial Accident Board denied the insurance company’s Petition to terminate our client’s wage claim. (Blanco v. Brandywine Apartments, Hearing No.: 1336329)