Frederick S. Freibott recently won a case where his client was awarded the compensability of a shoulder injury two years after her original date of injury. The doctors in this case treated the Claimant for a neck injury to which she underwent an anterior cervical diskectomy on May 26, 2006. Many of her symptoms resolved; however, the claimant continued to feel pain in her shoulder area. The Industrial Accident Board relied upon the testimony of the Claimant’s shoulder surgeon, who, after reviewing all medical records, was able to show a clear pattern of continued complaints to the left shoulder from the date of the original accident. In essence, the Claimant’s medical experts believed that the cervical injury would have resolved all the complaints of pain. However, subsequent to the neck surgery, the Claimant continued to have shoulder pain. The Industrial Accident Board awarded compensability to the shoulder. The Industrial Accident Board also ordered the Employer to pay for medical expenses, total disability benefits, attorney’s fees, and the reimbursement of expert witness fees. (Palmer v. Fox Rothchild, LLP, Hearing No. 1280805, Date of decision August 26, 2008.)
Related posts