The Freibott Law Firm was recently successful in pursuing a claim on behalf of our clients in a contested case wherein the worker’s compensation insurance carrier denied that our client injured herself in a work accident. Our client was originally injured on May 24, 2018 which the Employer and worker’s compensation insurance company acknowledged as a compensable accident. Our client injured her neck and right upper extremity. However, on August 28, 2020, our client was working at the same employer as a meat department manager when she again was injured. The Employer claimed that our client was not injured on that new date; however, we filed two petitions: one that would relate back to the original date of accident of May 24, 2018 and one alleging a new accident on August 28, 2020. Our client’s doctor, Dr. Irene Mavrakakis, was found to be more credible than that of the defense doctor, Dr. Jonathan Kates. The Industrial Accident Board found that “but for” the event at work on August 28, 2020, our client would not have needed the treatment to the neck and the right upper extremity that began in September of 2020. Therefore, the Industrial Accident Board found that our client sustained a new industrial accident on August 28, 2020 and awarded that the worker’s compensation insurance company pay for all medical treatment related to that date. The Industrial Accident Board further ordered the worker’s compensation insurance carrier to pay an attorney’s fee and reimburse our office of the expert fee of Dr. Mavrakakis. (Robinson v. Redner’s MD/DE, Hearing No.: 1472856 and 1509504 Date of Decision: November 24, 2021)
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