Recent Cases

Tire Builder Awarded $170,000.00 For Repetitive Trauma Injury Affecting Both Arms

In a recent case, one of my clients suffered from repetitive trauma syndrome and was awarded more than $170,000.00 in payment for the injuries that he suffered as a tire builder for Continental General Tire, Inc. at its tire plant in Mt. Vernon.

He was suffering from bilateral radial nerve compression and eventually underwent six different surgeries on his arms.  After undergoing physical therapy, my client was able to return to work in a light duty position.  He tried one position, but it caused him too much pain.  After trying to switch to a light duty position, he was told that there was no more light duty work for him, and the employer sent him home. Although he was willing to perform light duty work under his doctor’s order, the employer did not offer his any positions and then refused to pay temporary benefits.

I was able to get temporary disability benefits for my client, despite the employer’s refusal, for the time period when he was willing to work but was refused a position.  I was able to show through my client’s testimony and the doctor’s evidence that he had suffered a 70% permanent loss of use in both of his arms.  For this, I obtained for him $151,287.36 in permanent disability payments as we were able to prove that he has lost 70% use in both his right and left arms.

Additionally, I fought to recover penalties and mileage expenses for my client.  There was no evidence from the employer showing that my client could perform work duties.  They did not send him for a Section 12 appointment, and provided no medical evidence that showed that he could work at the position that they had assigned him to work.  Based on this, I was able to obtain $8,018.04 in penalties.  This was in addition to reimbursement of mileage expenses in the amount of $3,692.24.

Truck Driver Awarded Permanent Total Disability Benefits

In a case that I recently tried before Arbitrator John Dibble, I was able to obtain for my client permanent disability benefits and reimbursement for mileage expenses.

My client was an over-the-road truck driver and had been injured while removing a truck seat from a cab of a tractor trailer.  My client had to have extensive surgery on his spine and back, but was finally able to return to work a little more than six months later.  Unfortunately, on returning back to work, he lifted a truck hood while performing his job and immediately felt sharp lower back pain.  I was able to then refer him to a neurologist who then referred him to an orthopedic surgeon.  After review, this surgeon performed an anterior lumbar discectomy and fusion.  He then began physical therapy, but was unable to return to work.

The workers compensation carrier claimed that my client was capable of returning to work.  I demanded vocational training to assist my client in finding suitable employment since he could no longer handle the rigors of being a over-the-road driver with his back condition.  We hired a vocational expert and after 424 employment contacts and 104 job applications, my client did not receive a single job offer.  No one was willing to hire him in his current physical condition and yet the workers compensation carrier would not pay him.

After going though arbitration, I was not only able to obtain temporary total disability benefits for the time period when he was going through surgeries and treatment, but obtained permanent disability benefits for him for the remainder of his life.  Additionally, I fought to receive mileage reimbursement, which totaled $4,453.32, for the many trips that he was required to take to obtain medical treatment.  He eventually received this as reimbursement for the thousands of miles that he drove in trying to get healthy.

State Of Illinois Mental Health Worker Receives Award For Neck Injury – Employer Ordered To Authorize Cervical Spine Surgery

In a case that was tried on June 7, 2005, I was able to obtain a verdict in favor of a client that resulted an award of almost $15,000 ($12,188.91 in TTD and $4,646.56 for medical services) for injuries that she sustained while working as a metal health technician at St. Mary’s Hospital in Centralia.  She was suffering from neck and knee pain from working with a combative patient.

She sustained disc herniations in her back that were the cause of her pain and discomfort.  She then went on a course of medications, therapy, and injections in order to rehabilitate.  While trying to get better, she was able to return to work on a light duty basis.  As she began to improve, she eventually returned to full duty without restrictions.

Unfortunately, this was not the end of the problems, and she began to experience increasing pain.  She was then recommended to go to a chiropractor in St. Louis who made the determination that she was suffering from multiple disc herniations.  It was at this point that surgery was recommended.

Even though the workers compensation carrier denied that the surgery was necessary, I was not only able to get an order to complete the recommended surgery, but I also was able to get her reimbursed for the countless miles that she had driven seeking both treatment and therapy.  This amount ended up totaling $1,844.49.  In addition, I was able to get my client increased temporary total disability benefits that the opposing party was refusing to pay.

Penalties & Attorney’s Fees Awarded For Non-Payment Of Benefits And Non-Payment Of Medical Expenses

In a recent case that I tried before Arbitrator Jennifer Teague, not only were we able to get an award in my client’s favor, but we were able to show that penalties should be assessed against the employer for their refusal in paying out proper benefits.  In total, I was able to obtain for my client $12,995.18 in temporary disability benefits and the payment of medical bills in excess of $67,000.00.

My client had been walking across the parking lot of her employer’s facility when she slipped and fell on an area that had accumulated oil.  She had extensive injuries, including pain in her neck, mid back, low back, both shoulders and both knees.  She went to a hospital where she was diagnosed with multiple injuries and was recommended different forms of treatment.  This included extensive aquatic and physical therapy and knee and shoulder surgery.

As her symptoms did not improve, her doctor recommended that she have additional surgeries on her knees and back.  This was refused by her employer.  I was able to show how the injuries were not only related to the accident, but also how they were necessary in trying to make my client have a full recovery.

As a result of the refusal of the employer to pay for my clients medical benefits, I was also able to obtain for her penalties in the amount of $19,361.29.  I was only able to obtain these amounts after carefully preparing and showing to the Arbitrator why the employer had failed to fully compensate my client after her injury.  Because she had driven over 8,000 miles in seeking treatment and medical care, I obtained for her mileage reimbursement in the sum of $3,270.40.