Power & Cronin Win for Pace Suburban Bus
Congratulations to Pace Suburban Bus and Gina T. Panepinto for their successful hearing before IWCC Arbitrator Joseph Amarilio of the Illinois Workers’ Compensation Commission.
The case involved a Bus Driver Petitioner that alleged injury to her left knee was exiting the bus stairs. The incident was viewed by 3 views in bus surveillance showing the Petitioner stepped down on her right foot, the opposite side of the alleged left knee injury. When cross examination elicited testimony that she did not feel any pain at the time of the incident, and felt a pop in her knee after she exited the employee parking lot, the Arbitrator took it upon himself to further question the Petitioner, who denied any immediate pain.
The Petitioner claimed over $100,000.00 in accrued benefits at hearing and the issue of future medical would have complicated the matter to include compliance with Medicare/CMS with a future medical set aside. As a result of inconsistencies in Petitioner’s testimony elicited on cross-examination and impeachment against medical record evidence and the surveillance, and the Arbitrator’s own questioning the Arbitrator found no accident, and further found that the Petitioner’s conditions were not causally related to the alleged injuries and all claims for benefits were denied.
No appeal was filed