Surveillance Video Defeats Claim
In a case defended by Tim Steil of our Peoria office, the Commission affirmed an arbitrator’s decision denying liability for a lumbar fusion recommended by the Respondent’s IME physician who later became the treating physician. Facts The Petitioner, Samuel Vires, was employed as a certified nursing assistant for the Respondent, and on August 30, 2015, […]
Read MoreCommission Finds No Accident due to Lack of Credibility
In a case defended by Julia Murphy of our Chicago office, the Commission issued a decision on September 16, 2016, upholding the arbitrator’s denial of liability for an alleged work accident on December 5, 2013. Facts The Petitioner, Moises Cervantes, worked as a “taper” for Respondent Five Star Decorating, Inc. He alleged that on December 5, 2013, […]
Read MorePetitioner Fails to Prove Entitlement to PTD Benefits
On October 9, 2018, the Commission upheld the decision of Arbitrator Falcioni, denying Petitioner’s claim for permanent total disability (PTD) benefits and instead finding entitlement to an award of 15% disability to the person as a whole. This case, defended by Jim Byrnes of our Chicago office, essentially turned on the medical evidence presented before the arbitrator. […]
Read MoreClaimant Fails to Prove Compensable Accident
In a case defended by Michelle LaFayette of our Chicago office, the Appellate Court issued a decision on September 27, 2018, in which it upheld the decision of the Commission that the Petitioner failed to prove she sustained a work accident arising out of and in the course of her employment. Facts The Petitioner, Sammye Meyer, was […]
Read MoreCommission Puts Employee’s Claim to Rest
On May 7, 2018, the Commission entered a Decision and Opinion on Review, upholding the arbtrator’s denial of a claim filed by David Johnson against employer Sleep Innovations. The matter was successfully defended by Elaine Newquist of our Chicago office. The defense of the claim was successful in large part due to the aggressive claims-handling by the […]
Read MoreCommission Sees the Light
On July 29, 2016, the Commission reversed an arbitration decision in a case tried by Sarah Antrim of our Peoria office. In a case involving an injury to the Petitioner’s right knee while turning off a light, the Commission agreed with Ms. Antrim’s position that the incident in question did not arise out of the Petitioner’s employment, […]
Read MoreOwner/Operator Deemed to be Independent Contractor by Appellate Court
In a case defended by Courtney Quilter of our Chicago office, the Appellate Court agreed with her position that the petitioner in this matter in fact drove his truck as an independent owner/operator and not as an employee of the insured transportation company. As a result, the Appellate Court upheld the decision of the Commission to the […]
Read MoreNo Collection for Toll Employee
Facts The petitioner, a toll booth worker and former weightlifter, began to experience left shoulder pain a few years prior to 2010. An x-ray of the left shoulder taken in November of 2011 demonstrated mild arthritic changes about the glenohumeral joint with mild AC arthritis. A left shoulder MRI scan the same month revealed severe […]
Read MoreCommission Denies Claim Due to “Incredible” Testimony
Facts Petitioner alleged an injury to his right hip as a result of repeatedly striking his right hip on a stack of pallets while wrapping pallets of merchandise in plastic. The Petitioner initially filed an Application for Adjustment of Claim alleging an accident date of “February, 2007.” He subsequently filed a second Application for Adjustment […]
Read MoreClaim Barred by Failure to Provide Timely Notice
Facts Petitioner, a stocker, alleged that she felt a tear in her abdomen while lifting at work on February 29, 2008. She admitted that she did not report the incident to any supervisor at that time and continued to perform her regular work activities. She further alleged that on April 25, 2008, she again felt […]
Read MoreReputable Physicians Key to Defeating Unreasonable Treatment
Petitioner was involved in a compensable motor vehicle accident. He sustained injuries to his left shoulder, as well as his cervical and lumbar spine. After hiring an attorney, Petitioner began treating with doctors whose reputation was questionable. Petitioner underwent surgery for the left shoulder, which was undisputed. He was released to full duty work following […]
Read MorePetitioner’s Bad Back Turns in a Nuisance Settlement
Petitioner brought a workers compensation case approximately one year after he was laid off from Respondent. He alleged a back injury which resulted in various treatments, including surgery. With approximately $160,000.00 in outstanding medical bills, Petitioner had his eye on a golden goose of a workers’ compensation claim to cover his medical expenses and compensate […]
Read MorePermanent Total Disability Award Reversed on Review
Petitioner was involved in a work injury when he was pinned by a forklift, sustaining an injury to the low back. The work injury caused an aggravation of a pre-existing condition, as it occurred several months after Petitioner returned to work following a fusion for an unrelated motor vehicle accident. The evidence at trial established […]
Read MorePrior Treatment Leads to Commission Reversal
Facts Petitioner was a medical intake coordinator alleging carpal tunnel related to specific activities of writing and typing on a single date of work versus putting forth a repetitive trauma claim. Petitioner’s duties were otherwise varied and mainly consisted of light typing and answering phones. Petitioner began treating at Respondent’s choice of provider who suspected […]
Read MoreUtilization Review Curbs Excessive Treatment
Facts Petitioner was a food worker who sustained injuries to her chin and left shoulder when struck by a forklift on May 24, 2006. Petitioner later alleged neck and right elbow problems related to the original incident. Petitioner began treatment in summer of 2004. She received extensive chiropractic manipulation for the next two years. Our […]
Read MoreGeneral Manager Denied Benefits for Low Back Treatment, Extensive Treatment, Permanent Restrictions
Facts Petitioner sustained a fracture to her L1 vertebrae following a slip and fall on May 12, 2004. Petitioner underwent conservative care through the fall of 2004. She continued to complain of low back complaints with sporadic treatment for next two years. She then pursued aggressive care beginning in the fall of 2006. This treatment […]
Read MoreCafeteria Worker Denied Benefits for Later Manifested Knee Condition
Facts Petitioner sustained a fractured right fibula in slip and fall May 20, 2005, treated for eight weeks with non weight bearing, followed by therapy, and received full duty release July 25, 2005. Claimed right knee aggravated by work incident. Petitioner received chiropractic care for next two years for both knees and other conditions. She […]
Read MoreCNA Seeks Treatment and Temporary Total Disability Benefits
FACTS: Petitioner suffered a low back injury while assisting a patient. Following her injury, Petitioner was taken off of work and started undergoing physical therapy and injections. Despite her prolonged treatment, Petitioner continued to complain of 10/10 pain and sought authorization for a spinal cord stimulator, which was disputed by our IME doctor. The matter […]
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