The Freibott Law Firm was recently successful in pursuing a petition on behalf of one of our clients. In this case, our client sustained multiple injuries in a work accident to include a right shoulder injury. Our client’s orthopedic surgeon, and medical expert, Dr. Evan Crain, recommended a right shoulder surgery for our client. The worker’s compensation insurance carrier disputed the surgery on the basis that it was not reasonable, necessary, and/or related to the 2022 work accident. After a long hearing, the Industrial Accident Board found the testimony of our client to be credible and found the testimony of our medical expert, Dr. Crain, to be more credible than that of the defense expert, Dr. Matz. The Industrial Accident Board further held that an argument from the defense in this case was disingenuous as it was argued that our client intentionally delayed the surgery for eight months. The Industrial Accident Board correctly noted that the reason for the delay was due to litigation reasons. In the end, the Industrial Accident Board found the surgery to be reasonable, necessary, and causally related to the work accident. Further, the Industrial Accident Board ordered the worker’s compensation insurance company to pay our firm and attorney’s fee and to reimburse our firm for Dr. Crain’s expert witness fee. (Brian Islam v. Burris Logistics, Hearing No.: 1519841 Date of Decision: September 5, 2023)
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