The Freibott Law Firm was recently successful in prosecuting a claim on behalf of one of its clients when our client alleged that he injured his right upper extremity when working for White’s Body Shop. In the work accident, our client alleged that he injured his scapula and his right shoulder. The Employer accepted the injury to the scapula (a fracture) but disputed the rotator cuff injury to our client. Our client had surgery on the right rotator cuff on October 14, 2016. After a hearing, the Industrial Accident Board found the testimony of our client’s expert, Dr. Jeremie Axe, was more persuasive than that of the defense expert, Dr. Eric Schwartz, a Dover doctor. The Industrial Accident Board found that the work accident was competent to have caused the rotator cuff injury. Accordingly, the Industrial Accident Board found that our client’s medical treatment plan was reasonable, necessary, and causally related to the work accident. Moreover, the Industrial Accident Board ordered the Employer to pay Dr. Axe’s expert witness fee as well as an attorney fee. (FawwazKayyali v. White’s Body Shop,Hearing No.: 144664Date of Decision: February 2, 2018)
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