The Freibott Law Firm was recently successful in prosecuting a case on behalf of one of its clients. The issue in this case was what percentage of impairment did our client sustain to his lumbar spine from his work-related injury that occurred on April 19, 2012 and his numerous procedures and surgeries. Claimant’s medical expert, Dr. Jeffrey Meyers, opined that our client had sustained a 36% impairment to his lumbar spine. The defense expert, Dr. Piccioni of Dover, opined that our client had sustained a 20% impairment to his lumbar spine. However, Dr. Piccioni went further and stated that one half of his 20% permanency rating would be apportioned to our client’s alleged pre-existing condition to his lumbar spine. At the hearing, Dr. Piccioni was confronted with all of our client’s past medical treatment concerning his back. Our client sustained a low back sprain and treated for two months in 2009, three years before our work accident. After his two months of treatment in 2009, our client was pain free and symptom free and never had a problem with his low back until the 2012 work injury. Moreover, as our client testified, he was working a heavy labor job when he was injured in 2012.
The Industrial Accident Board found the testimony of Dr. Meyers’ to be much more credible and persuasive than that of Dr. Piccioni. The Industrial Accident Board also found that our client testified credibly. The Industrial Accident Board found Dr. Meyers’ 36% rating to the lumbar spine to be the more accurate of the ratings, and, as a result, awarded our client the 36% rating. The Industrial Accident Board also ordered the worker’s compensation carrier to reimburse our office for the expert witness testimony of Dr. Meyers and further ordered the worker’s compensation carrier pay an attorney’s fee to our firm. (Massey v. Rimsi Corp., Hearing No.: 1383032 Date of Decision: June 17, 2020)