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312-425-3131

10 South LaSalle Street, Suite 900, Chicago, IL 60603

211 Landmark Drive, Suite C2, Normal, IL 61761

1015 Locust Street, Suite 914, St. Louis, MO 63101

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Pamela Shane v. Kelly Services

Noah P. Hamann successfully defended petitioner’s claim of a right knee injury requiring arthroscopic surgery, loose body removal and a partial medical meniscectomy by proving no causation between the accident and the condition of ill being. The respondent successfully argued that the petitioner sustained only a minor strain on the date of accident and that the need for surgery was not work related. On June 17, 2014, Arbitrator Gallagher rendered a decision awarding only one emergency room medical bill from the date of accident. All other benefits were denied.

Petitioner alleged that on May 16, 2011 she slipped on a puddle of water caused by a leaking air conditioner unit. The petitioner testified that when she stepped in the puddle with her left foot, her right foot went underneath her body, which caused the right knee to twist awkwardly. Petitioner claims she told her supervisor on the date of accident that her knee was injured.

The respondent produced the petitioner’s supervisor as a witness at trial. He testified that the petitioner told him that her right ankle was injured on the date of accident, but that she never mentioned the right knee. He testified that a Form 45 was completed on the date of accident based on his conversation with the petitioner. The Form 45 referenced only an ankle injury.

Medical evidence showed that the petitioner sought medical care on the date of accident at a local emergency room. That record made no mention of a knee injury and instead the petitioner only complained of an ankle injury.

The respondent obtained the petitioner’s complete medical records before trial. They showed that the petitioner treated four times over the next three months for unrelated migraines and anxiety. These records did not mention any knee complaints.

The first mention of knee pain did not arise in the records until December 2011 and in that record the petitioner described an acute onset from that day rather than a work injury from seven months prior in May.

The first mention of a work accident in the medical records did not come until March 10, 2012, ten months after the accident date.

The respondent’s witness testified that the petitioner work full duty, free from complaints or pain behavior, from the date of accident until January 13, 2012. On that date the petitioner was terminated for failing a background check. Respondent’s witness testified that the first notice of a knee injury did not come until March 12, 2012 when the petitioner called to ask for medical treatment. Her request for treatment was denied.

The petitioner underwent a right knee arthroscopic loose body removal and partial medial meniscectomy on August 1, 2012. Surgery was paid for by State aid.

Respondent obtained a Section 12 opinion for orthopedic surgeon Dr. Michael Watson. Dr. Watson opined that there was no medical evidence of an acute injury related to the work accident because the petitioner failed to treat for knee pain for seven months and because the medical records did not support a work history. Petitioner offered no causation opinion and proceeded to trial on the records.

Attorney Hamann successfully proved that the medical records did not support the petitioner’s allegations of a work injury. Additionally, he discredited the petitioner at trial by pointing out the contradictions between her testimony and the evidence. The arbitrator found respondent’s witness to be more credible than the petitioner. The only benefit awarded to the petitioner was the initial emergency room bill. All other benefits were denied. Trial exposure for the respondent was up to 20% of the right leg ($10,879.00) and $36,817.65 in medical bills. Prior to trial petitioner’s only offer was for $90,000.00. Petitioner did not appeal.

  • Chicago Bar Association
  • Workers' Compensation Lawyers Association
  • DRI
  • The Illinois Association of Defense Trial Counsel
  • Illinois Self-Insurers' Association
  • Chicago Bar Association
  • Workers' Compensation Lawyers Association
  • DRI
  • The Illinois Association of Defense Trial Counsel
  • Illinois Self-Insurers' Association
10 South LaSalle Street, Suite 900
Chicago, IL 60603
Phone: 312-425-3131
211 Landmark Drive, Suite C2
Normal, IL 61761
Phone: 309-862-4914
1015 Locust Street, Suite 914
St. Louis, MO 63101
Phone: 314-300-0527
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