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.

Immediately upon receipt of the file, attorney Hamann fully investigated the petitioner’s medical history. He learned the petitioner was treating for foot pain for several months prior to her termination, yet the records did not contain any work related allegations until after she was fired. Moreover, throughout the course of the case, the petitioner treated with a total of eight physicians before she was able to obtain a causal connection opinion.

Respondent obtained an IME from Dr. George Holmes who specializes in orthopedic foot treatment. Dr. Holmes opined that the petitioner’s condition was idiopathic and that there is no evidence-based support for the theory of repetitive walking injuries. Dr. Holmes’ expertise was highlighted by the defense by comparing his credentials against the treater who was an orthopedic generalist and did not exclusively treat foot conditions.

By highlighting the petitioner’s credibility problems and her lack of reliable medical evidence, the arbitrator denied all benefits to the petitioner. The arbitrator’s decision was affirmed on review.

The victory saved the respondent more than $45,000.00 in TTD benefits, $36,000.00 in medical bills, the cost of a surgery and ultimately 20% of the left foot for an additional $8,450.20 in permanency benefits.