The Wilmington personal injury attorney, Frederick Freibott, has helped injury victims and families in Delaware deal with the painful consequences of a personal injury accident or wrongful death claims involving workplace injuries.
Examples of some successful cases include, but are not limited to:
(1) FREDERICK S. FREIBOTT recently received a favorable award on behalf of his client who was injured when he fell down steps at work in December of 2006. The Claimant underwent a total knee replacement as a result of the injury. The employer denied that the knee replacement was related to a work related injury because of the Claimant's preexisting arthritic condition and/or a second work accident of February 23, 2007 when the Claimant was coaching softball for another employer, Wilmington College. The Industrial Accident Board deemed the original work accident to be the proximate cause of the Claimant's injuries and awarded total disability; the payment of medical expenses; the reimbursement of medical expert fees; and attorney's fees. (Zebley v. Delaware Motor Sales, Inc. and Wilmington College, Inc., Hearing No. 1329351 and 1299831)
(2) FREDERICK S. FREIBOTT recently won a case on behalf of his client wherein the Employer refused to admit compensability of a work incident. At the hearing, the Claimant testified that he felt a pop in his shoulder when he was unloading automotive parts without the presence of a witness. Because the Claimant was on a 90 day probationary period with his new employer, he did not want to report the problem with his right shoulder to his employer. Ultimately, the pain in his shoulder was so bad that he appeared at the St. Francis Hospital wherein the medical staff considered the Claimant as having a heart attack and put him through heart related medical tests. The Industrial Accident Board believed the testimony from the Claimant and did not find the testimony of the Employer's manager credible. Accordingly, The Industrial Accident Board deemed the work injury compensable, awarded also the Claimant total disability benefits, medical expenses, attorney's fees, and the reimbursement of expert witness reimbursement. (Haman v. Keystone Automotive, Hearing No. 1330189, Date of decision August 13, 2009.)
(3) 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.)
(4) FREDERICK S. FREIBOTT was successful in obtaining a wage benefit for a client by convincing the Industrial Accident Board to calculate an injured worker's overtime hours into his wage benefit which provided more money to support his family while recovering from his injury.
(5) FREDERICK S. FREIBOTT successfully argued in front of the Industrial Accident Board; the Superior Court; and The Supreme Court of Delaware that an injured worker's treating psychologist was competent to testify as to why the injured worker was unable to work from a psychological standpoint.
(6) FREDERICK S. FREIBOTT successfully argued that a worker who was seriously injured when she fell at a company sponsored awards dinner was in the scope of her employment enabling her to collect worker's compensation benefits.
Contact our Delaware personal injury lawyer today to schedule your free initial consultation.
