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Joliet, IL 60432

Tel: 312.277.3000
Fax: 312.277.3008
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Case Name: Kenneth Johnson v. Evanston School District
Handling Attorney: Nicole V. Russo


Case Summary

Petitioner was seeking an award for a cervical fusion, more than two years of temporary total disability benefits and over $100,000 in medical bills. We argued that petitioner’s non-disputed work injury while employed as a janitor for the insured resulted in only a cervical sprain, and that the need for the cervical fusion was unrelated to the alleged work injury. We presented the testimony of our expert, who agreed that the delay in petitioner’s surgical recommendation, and his MRI evidence of preexisting cervical complaints support our position that the need for surgery was unrelated. Arbitrator Simpson agree with our position and found that petitioner reached MMI for his work injury as of the first IME with Dr. Bernstein on 4/15/05, about 10 weeks after the alleged accident date. Accordingly petitioner was only awarded 4% MAW for a disputed cervical fusion with restrictions! The award resulted in a savings of over $300,000.00 for the client.