The Freibott Law Firm was recently successful in prosecuting and defending two petitions in front of the Industrial Accident Board on August 23, 2023. Before the Industrial Accident Board was our Petition for Permanent Impairment and the Employer’s Petition to Terminate our client’s disability benefits. The Industrial Accident Board relied upon our expert’s testimony, Dr. Meyers, as it related to the permanent impairment ratings. Consequently, the Industrial Accident Board found that the testimony of the defense expert, Dr. Piccioni, was “self-serving on behalf of the employer.” Based on the findings by the Industrial Accident Board, our client’s permanent impairment claim was successful necessitating a finding for our client and ordering the worker’s compensation insurance company to pay an attorney’s fee and reimburse our firm for Dr. Meyers’ expert witness testimony. The Industrial Accident Board also took note of the defense used by the defense attorney in this case; specifically, that our client’s injuries had “resolved.” If our client’s injuries had resolved, there would be no permanent impairment benefits owed as it has been held by the Delaware Supreme Court. However, as the Industrial Accident Board determined that our client was entitled to receive an award of permanency benefits related to the acknowledged work accident, it would be inconsistent to further conclude that any injury had resolved. Therefore, the Industrial Accident Board rejected that argument from the defense attorney. (Steadman v. Evergreen Waste Services, Hearing No.: 1519915 Date of Decision: September 25, 2023)
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