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 concessions from claimant’s treating physician on cross-examination, including the fact that his causal connection opinion was based on an incomplete or inaccurate history. The Arbitrator agreed that the opinion of the defense expert was more credible and persuasive than that of the treating physician. Therefore, the Arbitrator found that, while claimant may have sustained an “accident”, he failed to prove that his condition of ill-being or need for surgery was causally related to the incident. No medical bills were awarded aside from three office visits shortly after the date of the incident, and prospective medical treatment, including surgery, was denied.