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...

20 April

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Brooks v. Kankakee School District #111

Posted by John Fassola

in Significant Wins

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...

20 April

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Hedman v. City of Elmhurst

Posted by John Fassola

in Significant Wins

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...

19 April

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Win Before the Federal Court of Appeals

Posted by John Fassola

in Significant Wins

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....

19 April

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McElroy v. Village of Hinsdale

Posted by John Fassola

in Significant Wins

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...