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 a skiing accident. The Arbitrator agreed that claimant failed to prove that his injuries arose out of his employment, and therefore, denied all benefits, including the cost of surgery, temporary total disability benefits, and permanency.