The Freibott Law Firm was recently successful in prosecuting a case on another of its clients. Our client injured herself when she slipped and fell on a condiment spilled on the cafeteria floor. Our client was a counselor at Smyrna Middle School. We filed a petition seeking the compensability of treatment for our client’s neck, left shoulder and left knee as well as a decision on our client’s total disability status from March 27, 2018 forward. This was a unique case wherein we had to retain several different medical experts to testify to the various body parts. Dr. Eppley, on behalf of our client, confirmed that the injury sustained at work on March 27, 2018 caused the neck injury necessitating a C4-5 cervical fusion surgery. The Industrial Accident Board found that that Dr. Eppley was more credible than that of Dr. Scott Rushton out of Lankenau Hospital in Pennsylvania. We retained the services of Dr. Manifold, the doctor who was treating our client’s left shoulder, who testified that she injured her shoulder during the fall of March 27, 2018. The Industrial Accident Board found that our client had to undergo surgery to the shoulder as it related to the fall, per Dr. Manifold. The Industrial Accident Board found Dr. Manifold to be more credible than that of Dr. Piccioni, the Employer’s medical expert as it related to the left shoulder. As for our client’s left knee, again Dr. Manifold testified that our client injured her knee in the March 27, 2018 fall and the Industrial Accident Board found that our client’s left knee treatment after the accident was related to her work accident and found Dr. Manifold’s testimony to be more credible than that of Dr. Piccioni. Moreover, the Industrial Accident Board also found that our client’s period of total disability from March 27, 2018 through February 19, 2019 was related to her injuries sustained at work. The Industrial Accident Board ordered the Employer to pay an attorney’s fee of $10,500.00 and to reimburse our firm for all of the expert witnesses that we were forced to retain in order to prosecute the petition. (Parker v. State of Delaware.,Hearing No.: 1470205Date of Decision: June 20, 2019)
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