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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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Recent Case Denied Based on Prior Medical Evidence

November 2021

Matthew P. Sheriff

We were victorious at the Arbitrator, Commission and Circuit Court level defending a case based on the opinion of the independent examining physician and the petitioner’s own medical records, in light of the testimony.

The case involved a 61-year-old custodian/mail carrier who alleged a low back injury as a result of “moving a shipment of batteries” on September 14, 2015. The petitioner had prior low back complaints that were downplayed by him during his regular treatment and before the IME physician, Dr. Babak Lami.

The case was denied based on these inconsistencies and prior medical evidence. The petitioner obtained medical treatment based on his post-accident condition, including two separate fusion surgeries to his lower back. The medical disputed and incurred by the petitioner was over $350,000.

Pre-Trial Prep Pays Off

Noah P. Hamann, Jeffrey F. Clement

Asking not how the case could be closed but how it could be won, BCM’s Civil Department emerged victorious in a recent law division case in the Eighth Judicial Circuit. Our client was accused of improperly servicing a combine harvester resulting in damages to the plaintiff of $30,000.00.

Thorough preparation and teamwork between Firm attorneys Noah Hamann and Jeffrey Clement resulted in a crucial pre-trial win on a motion in limine. The motion precluded plaintiff from presenting a hearsay invoice, thereby preventing him from linking the repair work to the client’s supposed failures. Additionally, plaintiff was unable to use the invoice to correlate the monetary damages to the defendant’s work.

Noah P. Hamann was successful in limiting a head injury case to a laceration only

Noah P. Hamann was successful in limiting a head injury case to a laceration only as opposed to the two cervical surgeries that were sought by the petitioner. The defense was victorious at arbitration, on review before the Illinois Workers’ Compensation Commission and before the Union County Circuit Court.

There was no dispute that on May 22, 2012, petitioner was injured while turning a large wrench. The wrench gave way and struck the petitioner on his head. The petitioner sustained a laceration and required several staples. He did complain of neck pain on the date of accident, but a CT scan was normal as was petitioner’s physical exam.

Petitioner alleged that over the next few months his neck pain began to gradually worsen. He claimed that he was not a complainer and that he tried to work through the pain, but eventually his pain became so bad, he sought treatment with a neurosurgeon in October 2013. The neurosurgeon diagnosed the petitioner with spondylosis and foraminal stenosis of the cervical spine.

Arbitrator denied all benefits to petitioner’s claims of a repetitive walking injury

Noah Hamann was victorious in his defense against petitioner’s claims of a repetitive walking injury. His efforts disproved causal connection and resulted in a denial of all benefits at arbitration and on review before the Illinois Workers’ Compensation Commission.

Petitioner was a 44 year old custodian for a temporary staffing agency. It was undisputed that her job required constant walking. However, the respondent was immediately suspicious of the petitioner’s claims because they were not raised until after the petitioner was terminated for failing to disclose a felony. Likewise, petitioner’s claims were not raised until petitioner had retained counsel and was treating with a petitioner-friendly physician.

Brady, Connolly & Masuda, P.C. Prevails Before Appellate Court Regarding Erroneous Finding of Lien Waiver

Timothy Cooley v. Power Construction Company, et al. 2018 IL App (1st) 171292

On June 11, 2018, the Appellate Court of Illinois, First District reversed the trial court's ruling that a window subcontractor, Reflection Window and Wall, LLC ("Reflection"), waived its workers' compensation lien rights in its subcontract agreement. Reflection was represented by attorneys Andrew R. Makauskas and Jeffrey F. Clement in the appeal.

An employee of Reflection was injured on the project and filed suit against Elston Window and Power Construction. Reflection entered into a subcontract agreement with Elston Window & Wall ("Elston Window") for the project involving the installation of window units. The subcontract agreement stated Reflection expressly agreed that its obligation to indemnify, defend and hold harmless Elston Window and Power Construction would not be diminished by any tort or constitutional immunity or limitations of liability or recovery under workers' compensation laws. Kotecki v. Cyclops Welding Corp., 146 Ill.2d 155 (1991) held that an employer's liability for its employee's injury is capped at an amount not greater than the employer's workers' compensation liability to its employees. However, courts have held that such Kotecki protections can be waived by contract.

In the trial court, Power Construction filed a motion that Reflection had waived its Kotecki cap. The trial court found that Reflection contractually waived its limited liability protection under Kotecki based on the language of the subcontract agreement. However, in that same order, the trial court also ruled that Reflection waived its workers' compensation lien. On behalf of Reflection, Brady Connolly & Masuda, P.C. appealed the aforementioned lien waiver finding.

  • Chicago Bar Association
  • Workers' Compensation Lawyers Association
  • IRTB
  • DRI - The Voice of the Defense Bar
  • The Illinois Association of Defense Trial Counsel
  • Illinois Self-Insurers' Association
  • Chicago Bar Association
  • Workers' Compensation Lawyers Association
  • IRTB
  • DRI - The Voice of the Defense Bar
  • 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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