Petitioner was a Volkswagen mechanic for nearly 30 years, died in 2005 of Acute Myeloid Leukemia. Despite the fact that the Petitioner only worked nine months for the Respondent, opposing counsel claimed that the Petitioner’s AML was caused by benzene exposure that occurred at his workplace. Opposing counsel retained an expert to render an opinion that the workplace benzene exposure caused the Petitioner’s AML and his subsequent death. Potential death benefits exposure in this matter was $834,846.02 (present cash value at 3%). Furthermore, Respondent faced a potential significant medical subrogation exposure. It was our estimate that the medical bills paid by the Petitioner’s group was in the range of $200,000.00 plus.
Petitioner testified that he injured his right foot and right ankle after jumping out of the right side of a forklift at the end of his shift on May 5, 2017. Petitioner then felt a “pop” and experienced a severe onset of pain on Saturday May 6, 2017 at his home. He sought medical treatment and claimed at trial that he was still experiencing limitations and pain in the right ankle.
While working as a plumber for the Respondent, Ewing-Doherty, the Petitioner on August 24, 2011, allegedly injured his back. Petitioner reported that he lifted a saw and subsequently twisted his back while in a bent position when he began to experience pain over the anterior aspect of the left thigh. Unfortunately, this alleged event was not witnessed.
Petitioner alleged she sustained several injuries due to repetitive sewing activities at work, including right wrist/hand tenosynovitis which required surgery, right elbow pain, right shoulder pain and neck pain for which she ultimately underwent a two level fusion. Respondent accepted Petitioner’s right wrist/hand injury and disputed all other body parts.
At trial, Petitioner was seeking an award for medical, TTD and PPD amounting to $418,500 for her disputed elbow, shoulder and neck injuries. We were able to save the client every dollar of the alleged award.
Petitioner testified he injured his right shoulder and back at work while removing plastic from the back seat of a car. Contrary to his medical records, Petitioner testified he described his symptoms as “excruciating pain to the lower back and right shoulder” at every doctor’s appointment and always had limitations to range of motion in his right shoulder and lumbar spine as a result of the injury. Petitioner contended as a result of the work injury, he was forced to undergo shoulder and lumbar spine steroid injections with no relief. Petitioner requested continued treatment and care.
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.
Petitioner alleged that on February 6, 2012, he injured his back after pushing stacks of boxes from one pallet skid to another while working as a shipping associate in a Carl Buddig meat packing facility. After complaining to his supervisor of back pain, Respondent sent Petitioner to Ingalls Memorial Hospital for evaluation. X-Rays revealed a lumbar strain, but no serious damage or abnormalities. An occupational health examination confirmed the diagnosis of lumbar strain and Petitioner was released to restricted work duty.
This case involved an alleged workplace slip-and-fall that created $147,058.55 in potential liability broken down as follows:
• $81,115.45 in medical expenses including two hernia surgeries and multiple years of conservative treatment for both hernia and back conditions,
• $43,415.00 in permanency for an alleged hernia aggravation and lumbar sprain, and
• at least $22,528.10 to represent work missed due to temporary total disability
Because of our success at trial, our client has no liability for this alleged workplace accident.
Plaintiff, a bus driver, slipped and fell on ice on the sidewalk outside a building owned by defendant on Downer Place in downtown Aurora. Plaintiff suffered a subdural hematoma which required the drilling of two burr holes in his skull to relive pressure, a permanent decrease in his IQ and loss of memory and cognitive functioning ($24,000 in medical and $4,000 in lost wages). Plaintiff argued the ice formed from water dripping off an outdated cornice on the building.
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