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Case Name: July 2018 – Salvador Biurquis v. Total Staffing Solutions
Venue:  
Chicago – Arbitrator Ciecko
Handling Attorney: 
Thomas R. Boyd
Case No.: 
14 WC 23608
Date of Accident:  
06/06/2014
Trial Dates: 
07/27/2018
Arbitrator Findings:
$0 Award, no accident or causal connection

 

Dear Clients:

 

We are happy to announce the above recent trial result and our successful defense against a  disputed claim for permanency, temporary total disability, and prospective medical care. After the injured worker testified and was subjected to lengthy cross-examination, we secured a decision in which the Arbitrator found no accident, no causal connection, and no medical liability on the part of our client.

 

FACTS:

 

Petitioner testified that on June 6, 2014, he injured his right knee when he stepped off of a jack onto a concrete floor. Petitioner testified that he reported the accident to his supervisor. Petitioner denied having experienced any prior right knee injuries or issues to the company clinic and to any of the treating orthopedic specialists, including Respondent’s Independent Medical Examiner. He testified that he was seeking future knee surgery, and that he was unable to work from June 2014 through September 2016. His treating orthopedic surgeon assigned permanent sedentary work restrictions.

 

LEGAL ANALYSIS/DEFENSES:

 

Petitioner took the stand on the date of trial and discussed the alleged work accident of June 6, 2014 in great detail. He testified that he felt and heard a pop in his knee, and that he was unable to work for over 2 years following that day due to the pain and lack of function in his right knee. Petitioner testified that he had never had prior knee problems and that he reported the injury right away to his supervisor.

 

On cross-examination, Petitioner was exposed as not only a poor historian, but also in several misrepresentations. It was proven at trial via defense evidence including medical treatment records and employer pay stubs that Petitioner was working full time and full duty for at least a month after the alleged accident date.

Petitioner was pressed during cross-examination and also contradicted his claims that he did not work for 2 years following the accident. Petitioner admitted to working full time at a different employer in August 2014, which was key in rebutting his claim that he was owed past-due temporary total disability benefits.

 

Respondent’s Section 12 examination found that the pathology in Petitioner’s right knee was pre-existing, which was corroborated when Petitioner eventually admitted on cross-examination that he had experienced regular right knee pain prior to June 6, 2014 despite what he had said on direct examination.

 

FUTURE CLAIM/LITIGATION RECOMMENDATIONS:

 

Carefully review any/all medical records offered by Petitioner prior to trial. Petitioner in this case completed a healthcare intake questionnaire which was signed and dated almost 2 weeks after the claimed injury date, which enabled us to prove that he did in fact continue working full time, regular duty for over a month after the alleged accident.

 

Work in collaboration with the insured to collect as much objective evidence as possible. Here, the employer was instrumental in securing a payroll ledger which demonstrated that Petitioner did work and was paid regular wages for over a month following the claimed accident.

 

If you should have any additional questions or comments concerning this decision, please feel free to contact the undersigned or Mr. Thomas R. Boyd.