Case of a monolingual farm and orchard worker who sustained a fracture of the wrist from a fall from a ladder. The fracture went through the joint of the wrist and didn’t heal well. The worker was left with long-term difficulties with lifting, twisting, reaching, etc. Our client’s attending physician had released him to try and return to work. The Department of Labor & Industries (DLI) did a panel exam that said the worker had no restrictions on using the hand and wrist. We used a physical therapist to test our client’s capacity to handle, lift, carry, twist, etc. DLI presented the attending doctor to have him testify that he had released the claimant to work. On cross-exam, the attending doctor said that it was unknown, when he released him to try and return to work, whether the joint would “toughen” and become less painful. We were able to prove that the continued problems prevented him from repetitive use of the dominant hand and arm, and that combined with his limited education, limited work experience, and language, the worker was now precluded from any return to work on a continuous basis. The Board of Industrial Insurance Appeals found the worker disabled and entitled to Pension benefits.