The Freibott Law Firm was recently successful in resolving a case on behalf of one of its clients in the case of Hardy v. Tsionas Management. Our client injured his back at work in August of 2016 while working for Tsionas Management. The Employer denied that any injury occurred at work and we were forced to file a Petition to Seek Compensation Due in front of the Industrial Accident Board. Our law firm alleged a specific date of injury and, to be safe, alleged an alternative theory of recovery called cumulative detrimental effect. While at the hearing, the Employer objected to the second theory of recovery because it believed it was not given enough time to consider the defense. A decision was rendered by the Industrial Accident Board stating that it could not determine whether or not a specific injury occurred requiring the medical treatment of our client. The Industrial Accident Board, however, did rule that it probably would have found for the Claimant on the alternative theory of cumulative detrimental effect. The Industrial Accident Board allowed for the matter to be heard again so that the Employer could defend the claim on the second theory of causation because the Employer said it needed more time to defend the case. However, very soon after the decision was rendered by the Industrial Accident Board, the Employer resolved all claims on behalf of our client consistent with the original Industrial Accident Board decision. The resolution of the case compensated our client’s medical providers and our office for both attorney’s fees and reimbursement of the medical expert fee. (Jeremiah Hardy v. Tsionas Management,Hearing No.: 1445652Date of Decision: February 7, 2017)
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