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

Michael Fuscone v. Village of Hanover Park

Congratulations to IRMA, The Village of Hanover Park, and Gina T. Panepinto for the win and denial of claimed accident and benefits.  The claimant firefighter made a report to his supervisor of left knee pain.  The supervisor was a credible witness who documented the incident report of left knee pain, with no attributable work accident, activity or incident. The Arbitrator found the Petitioner failed to establish a work accident and that the left knee conditions were personal in nature.

The Arbitrator found no Accident, and denied all benefits and awarded a credit to the Respondent of $26,625.03 for applicable medical charges paid.  The Commission unanimously affirmed the decision in September 2022.

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 development of symptoms was too short.  Finally, we used an expert opinion to argue that the alleged mechanism of exposure was unlikely to result in the development of the disease.  Arbitrator Wesley agreed with the defense, and denied benefits.  The Commission recently upheld the denial of benefits in a unanimous decision.

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.

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 live fire exercises followed by a later claim of injury.  The claimant required emergency medical treatment for dehydration and heat exhaustion during the training exercises but did not report injury or pain to his foot or back to the medical professionals.  We proved that an alleged accident was not reported until after he was disqualified from continuing the exercises and called witnesses in support of this defense. The Arbitrator found that the claimant failed to prove that there was an accident, citing issues with credibility and significant pre-existing medical conditions.  On appeal, the Commission agreed with the Arbitrator on all issues finding the claimant failed to prove accident and causal connection.  Therefore, the Commission denied all benefits, including a request for prospective medical treatment, including foot surgery.

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 seen an orthopedist for an unrelated condition shortly after the accidents but did not reference the alleged injury to his wrist and elbow. The Arbitrator agreed that claimant failed to prove that his condition of ill-being was related to his workplace injuries, and therefore, denied all benefits, including the request for prospective medical treatment for elbow surgery.

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 lot neither owned nor maintained by the employer did not constitute a compensable accident.

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 the City. In addition, the City relied upon opinions from Drs. McDonough and Samo, experts who testified in claimant’s pension case, who agreed with Dr. Carroll on the issue of causation. In addition, the City argued that Petitioner did not suffer an actual accident because he did not suffer any injury resulting from his condition while working. Arbitrator Friedman ruled that the City rebutted the presumption and that Petitioner’s condition was not causally related to his work for the City. All benefits were denied in a case with six-figure exposure.

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.

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.