Brady, Connolly & Masuda Trial Results

BCM Prevents Petitioner's Second Bite of the Apple

Beverly N. Masuda successfully prevented petitioner from recovering from a recurrence of injury based on the same condition for which he obtained a settlement seven months prior.

» See summary

Lying Building Engineer zeroed by Arbitrator Erbacci

Petitioner, a 44 year old building engineer was hired by Hamilton Partners on December 2, 2003 and was terminated four and a half months later on April 24, 2003. Subsequently he was employed by Respondent Hines Interest, LLP, also as building engineer, from July 14, 2003 until December 2006, when he was terminated again. Both jobs were primarily supervisory in nature and entailed maintaining and repairing commercial office buildings.

» See summary

BCM proves petitioner not entitled to further medical treatment

BEVERLY N. MASUDA successfully limits the Arbitrator's award to elements that were, from the outset, deemed compensable, but avoided prospective medical treatment, including repeat surgery for bilateral carpal tunnel syndrome and ulnar neuropathy, with its related periods of TTD and medical expenses.

» See summary

BCM shows that van driver who had a total knee replacement is not permanently and totally disabled

Mark F. Vizza tried this case on behalf of the respondent. It involves a petitioner who suffered an accident arising out of and in the course of employment in which he injured his right knee which necessitated a total knee replacement. Barry A. Clarke vs. Professional Transportation, 03 WC 36743. The petitioner also underwent a total knee replacement of the left knee, and was alleging that both were as a result of the accident arising out of and in the course of employment. The petitioner further alleged that as a result of these total knee replacements, he was unable to return to gainful employment.

» See summary

BCM proves that petitioner who claims to have lost all her memories, except for how her accident occurred, is not permanently and totally disabled

Mark F. Vizza tried this case on behalf of the respondent. This matter involves a woman who alleges she suffered an accident arising out of and in the course of employment when coming out of the bathroom stall she tripped on a bucket and hit her head. Susan Davis vs. American Heritage Protection, 03 WC 27813. She alleges that since that day in 2003, she has no memory of any aspect of her prior life, except for how her accident occurred.

» See summary

BCM proves mother not entitled to son's death benefits

Julia McCarthy tried this death claim. The decedent died as the result of exposure while cleaning a well on May 19, 2006. The accident itself was not disputed.  The Petitioner's mother was attempting to secure her son's death benefits.

» See summary

BCM secures reversal: Commission reverses Arbitrator's 19(b)/8(a) Decision, which awarded petitioner $286,261.35 in benefits

Peter J. Stavropoulos succeeded in securing a reversal of the Arbitrator's decision on a 19(b)/8(a) hearing that awarded the petitioner 66-4/7 weeks of temporary total disability ($30,116.72) and medical expenses in the sum of $256,144.63. David Fenwick v. Area Wide Septic Services, No. 07 IWCC 0769.

» See summary

BCM prevails: Truck driver is not entitled to a wage differential

Peter J. Stavropoulos prevailed on this case at trial and before the Illinois Workers' Compensation Commission. Richard Showen vs. Schwerman Trucking Co., No. 07 IWCC 0825 (Commission decision filed on June 28, 2007).

» See summary 

Arbitrator Finds No Accident or Causal Connection In Exposure Claim

In Vincent Glaviano vs. Dulin Metals Company, 97 WC 60265, the petitioner alleged that he was exposed to metals and chemical solvents during his work as a plant manager.  He testified that this exposure caused fatigue, numbness in his upper arms, face and legs, memory loss, inability to focus and loss of fine motor skills.  The petitioner was plant manager for the respondent from February of 1996 through July 17, 1997.  The respondent is a broker, trader and dealer of industrial scrap metal.  The petitioner claimed he was entitled to $246,000 in TTD benefits and maximum wage differential benefits with a present cash value of $275,000. 

» See summary

Successful in defending a case before the Illinois Workers’ Compensation Commission in the case of Michael McIntyre v. Fluor Maintenance.

Mark Vizza was successful in defending a case before the Illinois Workers’ Compensation Commission in the case of Michael McIntyre v. Fluor Maintenance.  The case was tried before Arbitrator Hennessy in Joliet, and Arbitrator Hennessy found that the petitioner failed to prove that he suffered an accident arising out of and in the course of his employment with the respondent.  The petitioner filed an appeal to the Illinois Workers’ Compensation Commission and the panel of Susan Pigott, James DeMunno, and Nancy Lindsay, issued a unanimous decision upholding Arbitrator Hennessy’s decision.

» See summary

Successfully defended the employer in a claim involving an altercation between a teacher and students.  The Arbitrator rejected the petitioner’s claim for hearing loss, additional lost time, and future medical benefits

John P. Connolly successfully defended the employer in a claim involving an altercation between a teacher and students.  The Arbitrator rejected the petitioner’s claim for hearing loss, additional lost time, and future medical benefits.

» See summary .

Successfully defended an elevator manufacturer in a case involving an elevator repairman who underwent an arthroscopic repair of the anterior labrum and debridement of the posterior tears of the shoulder

John P. Connolly successfully defended an elevator manufacturer in a case involving an elevator repairman who underwent an arthroscopic repair of the anterior labrum and debridement of the posterior tears of the shoulder.

» See summary .

Vocational Rehabilitation: Failure To Cooperate Dispute Found In Favor Of The Respondent

John P. Connolly of Brady, Connolly & Masuda, P.C. successfully defended the respondent in Hayden whereby the petitioner, a 41 year old structural iron worker, sustained injury to his low back and left arm. Petitioner participated in a work hardening program and was released to return to work, however, was unable to work at unprotected heights. Petitioner’s examining physician maintained that petitioner should not engage in repetitive bending, weight lifting or prolonged walking, standing, sitting or standing.

» See summary.

Successful Prosecution Of Fraudulent Workers’ Compensation Claim

John P. Connolly of Brady, Connolly & Masuda, P.C. successfully prosecutes workers’ compensation fraud case.

» See summary.

Picnicking employee loses wrestling match and claim

Raymond C. Persin tried this case before Arbitrator Gomora in DeKalb. Richard Orsborn vs. Sandusky & Son, No. 02 WC 30768. The Petitioner was arguing that his attendance at a company picnic was mandatory and, consequently, his claim was compensable. Neither the Arbitrator nor the Commission believed the circumstances as stated by the petitioner and found that this was a voluntary activity and therefore, the petitioner’s injury did not arise out of or in the course of his employment.

» See summary.

Failure of the petitioner to mention accident in the medical records was the basis for arbitrator’s finding of no causal connection

Michael K. Brandow was successful in reaching a no accident rendered by decision of Arbitrator Falcioni, Cochran v. Housing Authority of the City of Bloomington, No. 03 WC 59198, by emphasizing that petitioner failed to mention his accident in the medical records subsequent to the alleged incident.

» See summary.

BCM proves collapsing chair does not put petitioner at an increased risk

Michael K. Brandow tried Good v. City of Bloomington, No. 04 WC 52377, before Arbitrator Falcioni in Bloomington, Illinois. Mr. Brandow successfully secured a no accident decision by arguing that the petitioner was not exposed to any greater risk than the general public in the incident which caused her injuries.

» See summary.

Arbitrator finds no accident as fractures pre-dated the accident date
James Norton v. Peoria Midwest, 04 WC 28720 and 05 WC 33293

This case was heard before Arbitrator Neal in Peoria. We were successful in securing a no accident decision with denial of all benefits and right to recover TTD and medical benefits previously paid.

» See summary.

Petitioner’s ability to perform heavy work after accident date basis for Arbitrator’s finding of no causation
Thomas Horist v. Western Industrial Contractors, 05 WC 16438

This case was heard before Arbitrator Akemann in Geneva on petitioner’s 19(b)/8(a) petition. Petitioner claimed injury on February 7, 2005 to his low back and was seeking ongoing TTD as well as authorization for further medical care, specifically fusion surgery. The arbitrator found petitioner sustained an injury to his low back on February 7, 2005, which was reported to the respondent on that date. Petitioner initially declined medical treatment. Petitioner continued working as a millwright on the job site until completion of the job on February 17, 2005. Testimony was given on behalf of the respondent by the supervisor who worked with petitioner on a daily basis on the job site. It was agreed petitioner worked up to 10 hours a day on some days following the injury. Further, it was agreed that his work constituted heavy work. On the final day on the job site, February 17, 2005, petitioner commented to the supervisor “what about my back”. Petitioner was advised to contact the HR representative in the home office. Petitioner did contact the HR representative and she advised him to follow-up with her regarding any treatment he sought on his back. She had no further contact from petitioner.

» See summary.

BCM wins on accident: Mushroom packer’s duties are not repetitive

Peter J. Stavropoulos succeeded in proving no accident in a decision by Arbitrator Andros. Guareiola v. Monterey Mushrooms, No. 05 WC 00263 (decision filed on March 29, 2006). Respondent presented evidence proving that the job duties of a portabella packer were extremely varied and did not require repetitive, forceful gripping. Consequently, Arbitrator Andros decided that there was no accident as related to petitioner’s job duties.

» See summary.

BCM wins credit for employer

Peter J. Stavropoulos prevailed at arbitration before Arbitrator Falcioni, resulting in the petitioner owing the employer $14,027.35 after a credit was awarded to the employer for payment of unrelated medical services and temporary total disability benefits. Coffin v. Monterey Mushrooms, No. 02 WC 60350 (decision filed July 21, 2004).

» See summary.

BCM wins for Respondent after petitioner found not credible

William Brewster tried this case before Arbitrator White in Urbana. Holt v. Jeld-Wen/Caradco, No. 04 WC 25989. The petitioner, a 48 year old plant utility worker, alleged that on May 13, 2004, he felt a "popping" sharp pain in both shoulders while lifting boxes weighing 50 to 75 pounds. He also complained of a left knee injury. The petitioner alleged notifying his supervisor, Steve Hunter, of the incident several days later, by voice mail. When asked by Mr. Hunter to describe the incident and assist in filling out a First Report of Injury, the petitioner refused to answer his questions. Although he was thereafter given light duty restrictions by Dr. Zhong at Carle Clinic, and the respondent company was able to accommodate same, the petitioner refused to return to work, despite the respondent company's two written offers. When asked at trial what outside activities he was engaged in the petitioner testified that he could hardly get to the mailbox without having to sit down and rest and stated, "I pretty much turned into a couch potato." However, when pressed regarding his activities with his daughter's softball team, whose season ran between April and July of 2004 the petitioner admitted that he not only head coached the team he missed very few games, ran all the practices and traveled with the team the entire summer.

» See summary.

Cell Phone Assembler fails to prove accident

Beverly N. Masuda recently received a "no award" decision from the Arbitrator in this matter. The petitioner, a cell phone assembler, claimed that she injured her neck when she leaned over a conveyor belt to set three boxes of parts down on the opposite side of the belt. Each box weighed approximately five pounds and petitioner claimed she felt a "shock in her neck" when she sat them down. Petitioner completed her work shift and testified that she reported the injury when she "called off from work" on her next scheduled work day. Petitioner gave a recorded statement two weeks after the alleged date of accident at which time she claimed injury to her back. Initial treating records indicated that petitioner complained of pain in the middle of her thoracic spine and left shoulder. The first history of a work injury given to a treating physician occurred a month after the alleged date of accident. On instructions from her attorney, the petitioner refused to provide any information regarding how an injury occurred at work to the respondent’s Section 12 examiner.

» See summary.

Commission Affirms Arbitrator's Finding Of No Causal Connection After Gap In Treatment

Robert Hoffman, an associate in the Bloomington/Normal office, received a Commission's decision in R. Youngblood vs. Floyde Black Construction affirming Arbitrator Teague's decision which was in the respondents favor.

» See summary.

David Bratcher v. Proviso East High School District 209

Mark Vizza received a decision from the Illinois Workers' Compensation Commission affirming the decision of Arbitrator Prieto in its entirety. Arbitrator Prieto had found that the petitioner's present condition of ill-being was not related to his accident arising out of and in the course of his employment on September 29, 2003.

» See summary.

Emma Martin v. Addus Health

Mark Vizza recently received an Order from the Circuit Court of Kankakee County, Judge Wenzelman, which confirmed the decision of the Illinois Workers' Compensation Commission. That decision of the Illinois Workers' Compensation Commission modified the decision of Arbitrator Gomora.

» See summary.

Intoxication Defense Upheld by Circuit Court

In an order entered on August 18, 2006, the Honorable Judge Bonnie Wheaton of the Circuit Court of DuPage County, Illinois, affirmed the Illinois Workers’ Compensation Commission’s denial of benefits to the petitioner.  Judge Wheaton found that there was sufficient evidence to uphold the Commission’s finding that the petitioner’s intoxication was the cause of his work incident.  As a result, the petitioner failed to prove that he sustained an accident which arose out of and in the course of his employment.

» See summary.

Brady, Connolly & Masuda, P.C. Obtains Defense Jury Verdict In Lumbar Fusion Case

Robert Winston and Andrew Makauskas of Brady, Connolly & Masuda, P.C. successfully represented defendants, Ronald C. Bentkowski and Aspen Plumbing Company, Inc., in a personal injury lawsuit filed by Thomas McCann.  The case was tried before Judge Terrence Sheen in Wheaton, Illinois from July 31, 2006 to August 3, 2006.  After deliberating three and a half hours, the jury returned a verdict in favor of both Defendants.

» See summary.

BCM wins $6,000 credit in dismissal of claim for subjective complaints

BCM associate, Paul W. Pasche, recently prevailed at arbitration before Arbitrator Hennessy in Joliet, securing dismissal of the petitioner’s application (claim), as well as a credit requiring the claimant to pay back $6,037.28 in medical and temporary total disability benefits paid on the claim prior to trial. Fowler v. Midwest Model Aircraft, et al., No. 04 WC 24518 (decision filed July 11, 2006). Not surprisingly, the claimant has appealed to the Workers’ Compensation Commission.

» See summary.

BCM successfully defends against illegal alien’s claim for vocational rehabilitation

BCM associate, Paul W. Pasche, succeeded on behalf of the defense in a recent decision by Arbitrator Dollison denying vocational rehabilitation for a claimant who admitted he was an illegal alien and was not legally allowed to work. Espinosa v. Imperial Plumbing, 04 WC 28040 (decision filed September 1, 2006). The arbitrator also awarded the employer a credit of $7,455.29 for maintenance benefits paid prior to trial. Citing U.S. Supreme Court precedent, Paul successfully argued that vocational rehabilitation and maintenance would be futile and contrary to federal immigration law and public policy.

» See summary.