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BCM proves that petitioner failed to prove a compensable accident, and secured a zero award

Nicole Russo Weisbrodt tried the case of Michael Guerrero v. Staffing Resources before Arbitrator Cronin in Chicago. The petitioner’s alleged hernia injury was in dispute, as well as his entitlement to temporary total disability benefits, medical benefits, and a permanency award. The Petitioner alleged that he sustained a hernia injury while lifting a heavy box, while employed as a warehouse worker. However, Respondent disputed that the alleged accident occurred, based on the petitioner’s delay in reporting the alleged injury, and discrepancies regarding to whom and when the alleged accident was reported to.

During trial, BCM presented the testimony of two supervisors for the Respondent, both of whom testified that they could recall petitioner reporting some abdominal pain, but that no specific work related injury was reported by Petitioner and no request for medical treatment was made by Petitioner on the alleged date of injury. Respondent further established at trial that Petitioner continued working for several weeks after the alleged accident date, did not seek medical treatment for the alleged injury until several weeks later, and that he ultimately provided a vague, inconsistent history of the alleged injury, when medical treatment was finally sought.

Arbitrator Cronin found that Petitioner failed to establish that he sustained accidental injuries arising out of and in the course of his employment, and therefore, denied temporary total disability, medical, and permanent partial disability benefits. Notably, the Arbitrator found that the Respondent was not liable for the more than $25,000 in medical bills incurred during petitioner’s hernia repair surgery, and that no permanency was due.