The Freibott Law Firm was successful in prosecuting a case on behalf of one of our clients wherein he injured his low back in a work-related car accident. Our client needed lumbar spine surgery on multiple levels of his lumbar spine. The surgery was performed on April 19, 2022 by Dr. Mark Eskander. The employer/worker’s compensation insurance carrier submitted the surgery for a Utilization Review which determined and found the proposed surgery was compliant with Delaware’s Healthcare Practice Guidelines. The employer filed an appeal of the UR determination. At the hearing, the issue before the Industrial Accident Board was whether the surgery performed by Dr. Eskander was reasonable and necessary. After considering all of the evidence presented, the Industrial Accident Board agreed with the Utilization Review finding that the surgery not only met the Healthcare Guidelines but also was reasonable and necessary. The Industrial Accident Board found the testimony of Dr. Eskander more credible and reliable than that of the defense expert, Dr. Schwartz of Dover. The Industrial Accident Board also found the testimony of Claimant, and his wife, credible. Accordingly, the Industrial Accident Board ordered the worker’s compensation insurance carrier to pay for our client’s surgery; to reimburse our firm for Dr. Eskander’s expert testimony; and further ordered the worker’s compensation carrier to pay our firm an attorney’s fee. (Forbes v. JSF Construction Co., Hearing No.: 150002 Date of Decision: August 22, 2022)
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