The Freibott Law Firm was recently successful in defending an appeal to The Superior Court of the State of Delaware by the worker’s compensation insurance company of the decision of the Industrial Accident Board dated June 5, 2020. Our office filed a petition seeking the reinstatement of total disability benefits on behalf of our client for, amongst other reasons, the numerous week-long lidocaine infusion hospitalizations he needed due to his traumatic brain injury sustained at work. We were successful in front of the Industrial Accident Board and an appeal was taken by our opponent and his client. The Superior Court affirmed the Industrial Accident Board’s decision and agreed with our argument that our client suffered a recurrence of total disability which is defined by the Delaware Supreme Court as “the return of an impairment without the intervention of a new or independent accident.” Accordingly, the worker’s compensation insurance company is now responsible for our attorney’s fee for defending this appeal and our costs incurred preparing the brief. (Harvey Hanna Associates v. William Sheehan, C.A. No. N19A-08-001 CLS Date of Decision: June 5, 2020.)
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