The Freibott Law Firm was recently successful in obtaining an award from the Industrial Accident Board when the Board agreed that our client had sustained Thoracic Outlet Syndrome to her left upper extremity as a result of her original work injury. The Claimant in this case was injured on January 28, 2009 and the parties agreed, at that time, that the Claimant had injured her upper extremities with a diagnosis of carpal tunnel syndrome. After the worker’s compensation insurance company denied the compensability of the Thoracic Outlet Syndrome, the Freibott Law Firm filed a petition with the Industrial Accident Board alleging that the Thoracic Outlet Syndrome was related to the original work injury. The Claimant had increased complaints of pain in her shoulder since her carpal tunnel surgeries in March and April of 2009. She felt numbness in her hands and in her arms and was in the hospital twice for paralysis of the left side of her face and arm. Her treating vascular surgeon testified that through his testing, the Claimant had sustained her Thoracic Outlet injury due to her original activities at work. Accordingly, in addition to awarding compensability of her Thoracic Outlet Syndrome, the Board also ordered the worker’s compensation company to pay the Claimant’s attorney’s fee; the expert witness fee; and the court reporter fee. (Harvey v. Johnson Controls, IAB Hearing No. 1335070)
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