The Freibott Law Firm was recently successful in defending our client in a Petition to Terminate his total disability benefits. Our client was injured on April 19, 2012. He has undergone numerous surgeries to his back; neck; and left shoulder all due to his industrial accident. He is 65 years old, attended high school and worked as a maintenance technician for his employer. The employer in this case filed a Petition to Terminate our client’s total disability benefits due to its belief that he could return to the work place. The employer presented the testimony of a vocational rehabilitation expert as well as the medical expert testimony of Dr. Lawrence Piccioni, an orthopaedic surgeon. We presented the testimony of our own vocational rehabilitation expert, Jose Castro, and our client’s orthopaedic surgeon, Dr. Bruce Rudin. After the Industrial Accident Board heard the testimony from all witnesses, it found that our client was credible and that the opinion of Dr. Rudin and Jose Castro were more superior than that of the defense medical experts. The Industrial Accident Board further held, after weighing the evidence in the case, that the employer failed to meet its burden to prove that our client was physically capable of working in some capacity. Accordingly, the Industrial Accident Board denied the employer’s Petition; ordered the employer to pay an attorney’s fee to our law firm; and further ordered the employer to pay for our expert witness fees. (Massey v. RIMSI Corp., Hearing No.: 1383032 Date of Decision: November 22, 2019)
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