The Freibott Law Firm was recently successful in prosecuting a case in front of the Industrial Accident Board for one of our clients. Our client worked as a Family Service Specialists for the State of Delaware. As she was leaving a client’s home on October 4, 2019, she fell onto her outstretched right hand while descending stairs. Our client had treated on three prior occasions for an injury to her right wrist through 2016 and 2017; however, on her last visit, March 21, 2017, her surgeon advised her wrist seemed fine and she was to return as needed. Unfortunately, when our client fell on October 4, 2019, she fell on the same wrist. Our client was diagnosed with a SLAC (scapholunate advance collapse) wrist injury. Our client underwent surgery on January 3, 2020 and again on August 13, 2020. The State of Delaware alleged that our client’s need for wrist surgery related to her preexisting condition which the Industrial Accident Board found was not a reasonable defense. Specifically, the Industrial Accident Board found that our client met her burden of proof that the two surgeries were causally related to the work accident. The Industrial Accident Board found our client to be “highly credible” and found that her treating orthopedic surgeon, Dr. Steinberg of Penn Medicine, to also be credible. The defense doctor, Dr. Peter Townsend, admitted during our cross examination that the work accident aggravated our client’s SLAC injury thereby accelerating the need for the surgery. According to the Industrial Accident Board, “the evidence overwhelmingly supports the Claimant’s contention that the work accident aggravated her SLAC wrist and accelerated her need for surgery.” Accordingly, the Industrial Accident Board granted our petition in its entirety directing the State of Delaware to pay for all medical expenses that were reasonable, necessary, and related to our client’s treatment, including both surgeries. The Industrial Accident Board further awarded our client a period of total disability and awarded our firm an attorney’s fee and reimbursement of our cost of obtaining Dr. Steinberg’s expert witness testimony. (Grimes v. State of Delaware., Hearing No.: 1494390 Date of Decision: September 15, 2020)
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