Category: Case Studies

Surveillance Video Defeats Claim

by James M. Byrnes

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,.

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Commission Finds No Accident due to Lack of Credibility

by James M. Byrnes

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.

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Petitioner Fails to Prove Entitlement to PTD Benefits

by James M. Byrnes

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.

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Claimant Fails to Prove Compensable Accident

by James M. Byrnes

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,.

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Commission Puts Employee’s Claim to Rest

by James M. Byrnes

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.

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