The Freibott Law Firm was recently successful in defending a claim on behalf of one our clients in a very contentious case. Our client was injured on December 29, 2022 when she injured her low back; left hip; and left shoulder while working for Frito-Lay. Our client had several prior accidents in the past; however, had all but completed her treatment for those prior accidents at the time of this Industrial Accident. In this case, the worker’s compensation insurance company filed a Petition to Terminate our client’s partial disability benefit because it was its opinion that our client had returned to her “previous and baseline condition.” The Industrial Accident Board listened to two medical experts: the Claimant’s expert, Dr. James Zaslavsky and the employer’s expert, Dr. Eric Schwarts. After listening the testimony, the Industrial Accident Board found our client’s testimony to be “very credible.” The Industrial Accident Board found Dr. Zaslavsky’s testimony to be very persuasive. The Industrial Accident Board found the testimony of Dr. Schwartz not to persuasive at all and that his testimony was not supported by the facts and the medical evidence. Accordingly, the Industrial Accident Board denied the employer’s Petition to Terminate our client’s partial disability benefits and ordered the worker’s compensation insurance carrier to pay Dr. Zaslavsky’s expert witness fee and to pay our firm an attorney’s fee. (Chesterfield v. Pepsi Co. a/ka Frito-Lay, Hearing No.: 1531868 Date of Decision: February 21, 2024)
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