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Significant Wins

Another Win for Power & Cronin

Congratulations to John Fassola and the University of Illinois for their win in a case with a very unusual fact pattern.  The claimant was a student lab worker at the University and alleged that he contracted HIV as a result of exposure to infected blood samples.  At trial, we were able to successfully argue multiple avenues denying the compensability of the case.  First, we noted the fact that the claimant had not immediately reported the exposure, which made the credibility of his allegation questionable.  We also used medical evidence to suggest that the timeframe between the alleged exposure and the...

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A Win for Power & Cronin

Congratulations to Ed Miniat, LLC and Jeff Redick for their victorious hearing before IWCC Arbitrator Joseph Amarilio of the Illinois Workers’ Compensation Commission. The case involved a Petitioner that alleged to have sustained workplace injuries as a result multiple accidents including a fall and repetitive traumas. The Petitioner claimed over $132,000.00 in accrued benefits at hearing.  As a result of inconsistencies in Petitioner’s testimony elicited on cross-examination and impeachment against medical record evidence, the Arbitrator determined that the Petitioner’s conditions were not causally related to the alleged injuries and all claims for benefits were denied.  No appeal was filed....

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Jaskowiak v. Homer Township Fire

Congratulations to the Illinois Municipal League and Gina Terrano Panepinto for their successful defense on Appeal of this matter brought pursuant to Section 19(b)1 before Arbitrator Paul Cellini.  Following briefing on Review and expedited Oral Arguments, Panel A of the Workers’ Compensation Commission affirmed the Arbitrator's decision in Jaskowiak v. Homer Township Fire Protection District. The claimant was a fire fighter/paramedic who claimed injury to his foot and back after being disqualified from a 40-hour live fire training course due to heat exhaustion and dehydration.  We questioned the credibility of the claimant regarding the timing of the disqualification from the...

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Sea v. City of Pekin

Congratulations to the Illinois Municipal League and John Fassola for their successful defense of a claim before Arbitrator Bradley Gillespie in Sea v. City of Pekin. The claimant was a bus driver who slipped and fell on two occasions. He alleged the development of medial epicondylitis and carpal tunnel syndrome as a result of the falls. We questioned the causation between the fall and the alleged conditions and obtained a supportive IME opinion. At trial, we focused on the delay in seeking treatment for the alleged conditions, and the inconsistency in Petitioner’s complaints. On cross-examination, Petitioner admitted that he had...

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Brooks v. Kankakee School District #111

  Congratulations to IPRF and Jeff Redick for successfully defending a denial of benefits by the Illinois Workers’ Compensation Commission before the Circuit Court of Kankakee County in the matter of Brooks v. Kankakee School District #111.  The case involved a Cafeteria Supervisor that alleged to have sustained injuries to her wrist, elbow, shoulder, ankle, knee and hip from a fall in a snowy parking lot when leaving work.  The Respondent successfully argued that the fall did not arise out of and in the course of her employment with the Respondent. The Court agreed that the claimant’s fall in a parking...

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Hedman v. City of Elmhurst

Congratulations to Dan Artman and the City of Elmhurst for their successful defense of a rebuttable presumption cardiac claim.  This case involved a firefighter diagnosed with hypertrophic cardiomyopathy. Due to the risk of sudden death should Petitioner be exposed to excessive physical stress, it was recommended by his treating physician that he no longer work as a firefighter. Petitioner claimed that his condition was caused by his work as a firefighter and argued that the rebuttable presumption applied to his claim. The City obtained an opinion from Dr. Richard Carroll that Petitioner’s condition is not causally related to his work for...

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Win Before the Federal Court of Appeals

Congratulations to Jared Vasiliauskas for his win before the Seventh Circuit Court of Appeals in a Title XII discrimination case. Jared was able to successfully argue that a Summary Judgment from the District Court was inappropriately granted. The Seventh Circuit reversed the District Court order and remanded the case for a hearing on the merits....

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McElroy v. Village of Hinsdale

Congratulations to the IRMA and John Fassola for their successful defense of a claim before Arbitrator Christine Ory in McElroy v. Village of Hinsdale. The claimant was a police officer who dislocated his shoulder while on duty. The claim was disputed based on a contention that the activity the claimant was performing on the date of the occurrence (reaching up to press a garage door opener) did not represent an increased risk incidental to the employment. The defense also noted that the claimant had a prior history of recurrent shoulder dislocations, one as recently as three months prior due to...

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Salmon v. City of Pekin

Congratulations to the IML/CCMSI and John Fassola for their successful defense of a claim before Arbitrator Douglas McCarthy in Salmon v. City of Pekin.  The claimant was a police officer who felt a pop in his hip while leaning into a squad car to retrieve equipment.  Although the incident was promptly reported, claimant subsequently provided inconsistent histories to his medical providers.  We were able to obtain a solid expert opinion that claimant had pre-existing hip pathology, and that his condition was related to a pre-existing labral tear as opposed to any acute pathology.  We were also able to obtain significant...

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Rapp v. Ford Motor Company

Congratulations to Ford Motor Company and Kirk Kuhns for obtaining a favorable decision from Arbitrator Soto in Rapp v. Ford Motor Company.  The case was a repetitive trauma/accident claim by an assembling worker alleging a shoulder injury that was denied and fully disputed.  Petitioner alleged her injury was due to a tool gun over torqueing, being heavier than usual, kicking back toward her or the cumulative nature of utilizing the tool gun during her employment.  Respondent provided witnesses to directly dispute and contradict Petitioner’s testimony.  Respondent’s Section 12 examining doctor provided an opinion that Petitioner’s shoulder condition was not causally...

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