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Brady, Connolly & Masuda Trial Results
Orlando Mendoza v. Bear Cartage and Intermodal, Inc.
The petitioner alleged in this case that he was an employee of Bear Cartage, and that he suffered an accident arising out of and in the course of his employment on October 27, 2009. While the respondent did not contest the incident, the respondent contested that the petitioner was an employee of Bear Cartage at the time of the incident. The respondent alleged that the petitioner was an independent contractor.
Teresa Radzik v. ABM Janitorial Services
The petitioner alleged that on January 2, 2002, she had an accident arising out of and in the course of her employment with the respondent that injured her back. Except for a short period immediately following the accident, the petitioner has not worked since the incident
BCM Uproots Planter's Exposure Claim
Paul Pasche recently obtained a victorious defense decision from Arbitrator Edward Lee of the Illinois Workers' Compensation Commission. The claimant, a plant propagation manager at a greenhouse, alleged that he spilled fertilizer on his pre-existing amputation stump, resulting in lost time and the need for a replacement leg prosthesis. The initial investigation turned up a suspicious sequence of events.
Daniel Cody proves officer worker was not as hurt as she alleged.
In the case of Belousek v. Orthopedic Associates, an office worker at a doctor's office claimed she fell off a step stool injuring multiple body parts. Based on the evidence, the accident itself was not disputed and the defense focused on nature and extent of the injury. The petitioner alleged due to the pain she was unable to work and needed continued follow up care. She was treated by Suburban Orthopedics who recommended back surgery, carpel tunnel release and a psychological review and treatment for depression. The petitioner alleged she was depressed because of her injuries and inability to perform activities of daily living without pain. Her psychologist felt an underlying psychological problem was aggravated based on the work injuries and the petitioner's perceived inability to get correct care.
Former carpenter denied second wage differential.
Daniel Cody tried the case of Marcellus Pinto v. Janecyk Construction on the issue of causal connection, maintenance and a demand for vocational rehabilitation. The demand to settle before the trial exceeded $800,000 based on an alleged wage differential or odd lot permanent total for a very young man.
William D. Brewster successfully convinced the Arbitrator to reject the petitioners theory of Multiple Chemical Sensitivity and neurotoxicity causing permanent and total disability
While cleaning a computer lab at Hillcrest High School in June of 1996, the petitioner was sprayed, from a distance of a few feet on the back of her neck with Dust-Off by a co-employee. While originally telling medical providers that the Dust-Off straw was placed in her ear canal, she admitted at trial that she was simply sprayed from behind, with the straw never touching her body. Over the next 13 years the petitioner visited over 20 physicians/facilities, with complaints from head to toe, including: itching and burning eyes; dermatitis; chemical sensitivity; headaches; dry eyes and dry throat syndrome; dry mouth; blurred vision; tingling and numbness; organic brain dysfunction; nausea; high blood pressure; photophobia; electric shocks down her body; memory loss; confusion and poor concentration; decreased sense of smell and appetite; crying spells; hypertension; and depression; insomnia; weight loss; chronic fatigue, anxiety and respiratory distress, all of which she claims prevented her from working. At the time of the trial, the petitioner had not worked in over nine years.
BCM’s Bill Brewster zeroes an alleged permanent total psych claim on all issues
The Arbitrator finds that on May 30, 2006, the petitioner sustained an accident that arose out of and in the course of her employment, but that the petitioners current condition of ill-being is not causally related to the accident.
BCM proves that petitioner failed to prove a compensable accident, and secured a zero award
Nicole Russo Weisbrodt tried the case of Gay Blanchard v. World’s Finest Chocolates before Arbitrator Lee in Chicago. The petitioner’s alleged finger injury was in dispute, as well as her entitlement to temporary total disability benefits, medical benefits, and a permanency award. The Petitioner alleged that she sustained a crushing injury to her finger, which required surgical repair and pinning, while employed as a warehouse worker. However, Respondent disputed that the alleged accident occurred, based on the petitioner’s delay in reporting the alleged work injury, and based on the lack of a work related history in her medical records until several months after the alleged accident date.
BCM Attorney Paul Pasche KO's petitioner in fight case
BCM Attorney Paul Pasche won an arbitration victory in a case involving a fight between the petitioner and a co-worker. By having all witnesses to the fight testify, Pasche was able to convince the arbitrator that the fight was personal, not work-related, in nature.
BCM Proves Janitor Who Was Suspended for Job Performance Did Not Suffer an Accident
Daniel Cody recently tried the case of Thomas Dorian v. Ridgeland School District 122 on Petitioner's Request for Hearing. The main issue in the case was whether there was an accident under the Act while petitioner was employed by Respondent. The alleged injury was a mesh repaired hernia with 6 weeks lost time and approximately $19,000 in medical bills.
IME Doctor Defeats Treating Physician
Julia McCarthy tried this case on the issues of ongoing TTD and a second surgery for petitioner.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
Successful Prosecution Of Fraudulent Workers’ Compensation Claim
John P. Connolly of Brady, Connolly & Masuda, P.C. successfully prosecutes workers’ compensation fraud case.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.