Montiel v. DOW Chemical

The Freibott Law Firm was recently successful in its prosecution of a worker’s compensation matter wherein we obtained benefits for one of its clients for a 15% impairment to the Claimant’s left upper extremity and a 10% impairment to the Claimant’s right upper extremity.  This was a classic case matching two medical experts:  Dr. Errol Ger on behalf of the Claimant and Dr. David Stephens on behalf the employer.  Despite the allegation of a 15% impairment to the left upper extremity and a 10% impairment to the right upper extremity, the defense expert, Dr. Stephens, opined that the Claimant had only sustained a 5% impairment to her left upper extremity and a 5% impairment to the her right upper extremity.  The Industrial Accident Board found Dr. Ger’s opinion more reasonable and reliable than that of Dr. Stephens because Dr.  Ger is well known as an expert in the hand and upper extremity field, which, in this case, gives his opinion “more weight.”  The Industrial Accident Board held “certainly the fact that Dr. Ger used his experience to adjust the ratings down from what would be given strictly according to the 5^th Edition of the AMA Guides adds to the credibility of his opinion.”  Accordingly, the Industrial Accident Board found Dr. Ger’s opinion to be more persuasive than that of Dr. Stephens and awarded our client a 15% impairment to the left upper extremity and a 10% impairment to her right upper extremity.  The Industrial Accident Board also awarded attorney’s fee and the repayment of Dr. Ger’s expert fee.  (Montiel v. DOW Chemical, Hearing No.: 1392291, Order date of January 26, 2015)