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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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Marilyn Nash vs. Motorola, Inc.

Beverly N. Masuda recently received a "no award" decision from the Arbitrator in this matter. The petitioner, a cell phone assembler, claimed that she injured her neck when she leaned over a conveyor belt to set three boxes of parts down on the opposite side of the belt. Each box weighed approximately five pounds and petitioner claimed she felt a "shock in her neck" when she sat them down. Petitioner completed her work shift and testified that she reported the injury when she "called off from work" on her next scheduled work day. Petitioner gave a recorded statement two weeks after the alleged date of accident at which time she claimed injury to her back. Initial treating records indicated that petitioner complained of pain in the middle of her thoracic spine and left shoulder. The first history of a work injury given to a treating physician occurred a month after the alleged date of accident. On instructions from her attorney, the petitioner refused to provide any information regarding how an injury occurred at work to the respondent's Section 12 examiner.

Petitioner's supervisor testified that the petitioner never reported a work injury to her.

The Arbitrator specifically found that the petitioner's testimony regarding "accident" lacked credibility and that the description of the accident was implausible. The Arbitrator further found that the description of accident as given by the petitioner at trial appeared no where in the entire record, including her own recorded statement and in the treating records. The Arbitrator cited the many instances when petitioner stated that she did not know what happened. The Arbitrator also found that the petitioner was inconsistent in the description of her symptoms. Further evidence of the petitioner's lack of credibility was found in her explanation of why she did not report an injury to her supervisor. She claimed ignorance of workers' compensation yet, filed her claim a day later.

It is notable that none of petitioner's treating doctors rendered an opinion that petitioner's work activities caused her cervical disc problem. Petitioner's surgeon gave a history of a work related injury but as that history was inconsistent with the petitioner's testimony at trial, it was accorded little weight.

The petitioner did not file for a review of the Arbitrator's decision.

  • 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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