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
Medical Records and Witness Testimony Led to Denied Benefits and $50K Savings
Petitioner was a 49-year-old handyman for a property management company. He alleged a left knee injury on November 26, 2019. Specifically, he claimed that while descending a ladder, he missed a rung and fell approximately three feet to the ground. He was recommended for left knee arthroscopy with a possible meniscectomy. Accident was disputed. On September 16, 2021, the case was tried before Arbitrator Linda Cantrell.
Respondent was able to use the medical records to contradict the petitioner’s allegations. In detail, on the alleged date of accident, the petitioner was seen at a local emergency room with complaints of left leg pain for one week. The timeline did not correlate with an acute accident earlier that day. Likewise, there was no mention of a work-related fall in this initial record. The same was true for a second emergency room visit on November 29, 2019. The first mention of a work-related accident did not appear until the petitioner’s initial orthopedic evaluation on December 5, 2019. At trial, the petitioner testified that he did not describe the work accident in the first two medical records because he was focused on his pain and he did not think his injury was serious.
Recent Case Denied Based on Prior Medical Evidence
November 2021
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.
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.
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.
| 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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