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Claimant was involved in a 1/27/24 work accident involving an accepted head injury. Claimant later filed a Petition alleging multiple permanencies as follows: 4% to the head, 6% to the visual system, 5% to the vestibular system, 2% to the right upper extremity, and 3% to the lumbar spine. The majority of the allegations were resolved prior to Hearing, inclusive of acceptance of the head and vestibular ratings.
The Board rejected the visual system permanency allegations entirely. The Board found Employer’s medical expert more credible than Claimant’s doctor, as it was not apparent from the deposition testimony that he was aware of well-documented and significant non-work-related visual issues. The Board was also “highly concerned” with claimant’s expert basing his vision rating upon convergence insufficiency symptoms, when nobody was attributing this condition to any specific trauma to the eyes. The defense expert pointed out that convergence insufficiency was due to the concussion/brain injury, and thus was a brain rather than ophthalmologic/eye disorder. The Board agreed with the defense expert that the convergence insufficiency symptoms were covered in the accepted head and vestibular ratings.
This is an important decision to consider when faced with allegations of multiple different permanencies from the same head injury.
Should you have any questions or concerns regarding this Decision, please contact Nick Bittner or any other attorney in our Workers’ Compensation Department.
Darriel Tynes v. City of Wilmington, IAB Hrg. No. 1543176 (Feb. 6, 2026).