The Freibott Law Firm was recently successful in prosecuting a case on behalf of one of our clients. Our client sustained compensable injuries to her right ankle and foot following an injury at work. Our client had surgery performed on her right ankle which was deemed compensable by the employer. Soon after the surgery, our client developed intense pain and other symptoms and was admitted to Christiana Hospital due to an acute embolism and thrombosis of the left iliac vein and deep vein thrombosis of her left lower extremity. The issue in this case involved whether or not these symptoms were causally related to the surgery or whether they were caused by other factors. Our client’s surgeon, Dr. Cody Bowers, testified that the problems that developed in our client’s left lower extremity after his surgery were related to the work accident. The Industrial Accident Board found his testimony to be more credible than that of the defense doctor, Dr. Ernest Troisi, a doctor of podiatric medicine. Accordingly, the Industrial Accident Board found our client credible; found Dr. Bowers credible; and rejected the causation opinion of Dr. Troisi. The Industrial Accident Board further ordered the worker’s compensation insurance company to pay our firm an attorney’s fee and reimburse our firm the expert witness fee of Dr. Bowers. (Gonzalez v. Macy’s, Inc., Hearing No.: 1433245 Date of Decision: July 24, 2020)
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