The Freibott Law Firm was recently successful in its defense against a worker’s compensation insurance company’s attempt to deny medical treatment to our client. Our client was injured on November 30, 2013 wherein he sustained injuries to his back and left lower extremity. The employer acknowledged the accident and has paid for medical treatment and other worker’s compensation benefits since that time. The employer petitioned the Industrial Accident Board upon its belief that our client’s medication treatment plan was not reasonable, necessary, or related to the original work accident. Our client testified that his medication that he takes for pain provides approximately eight hours of relief and then he takes a subsequent medication if his pain becomes worse. Our client testified that he is able to do what he needs to do during his activities of daily living and his work activities while taking his medication. Our client testified that he believes the medications are helpful when he is performing physical work and is able to drive a forklift and drive a vehicle while taking medications. Dr. Ross Ufberg, our client’s treating doctor, was found to be more credible than that of Dr. Eric Schwartz, the insurance company’s doctor. Dr. Schwartz was forced to admit that without pain medications, our client had marked difficulty keeping up with his work, home, and educational activities. Dr. Ufberg, on the other hand, testified that because of his medication treatment plan, our client was able to function throughout the day. Dr. Ufberg testified that he constantly monitors our client’s medications and disagreed with the testimony of Dr. Schwartz that the risks of the medications outweighed the benefits our client’s medications. The Industrial Accident Board further ordered the worker’s compensation insurance company to pay for all outstanding medication expenses; to pay Dr. Ufberg an expert fee for his successful testimony in front of the Industrial Accident Board; and to pay our law firm an attorney’s fee for our successful presentation of the evidence. (Nardo v. The Eastern Group, Inc.,Hearing No.: 1416134Date of Decision: August 31, 2017)
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