Case Results


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


BCM Proves Janitor Who Was Suspended for Job Performance Did Not Suffer an Accident

Daniel Cody recently tried the case of Thomas Dorian v. Ridgeland School District 122 on Petitioner's Request for Hearing. The main issue in the case was whether there was an accident under the Act while petitioner was employed by Respondent. The alleged injury was a mesh repaired hernia with 6 weeks lost time and approximately $19,000 in medical bills.

The petitioner alleged that he was emptying trash on the night before he was advised of his suspension for job performance. He admitted to meeting with two school representatives and a union representative the day after the alleged event to discuss his suspension and he made no mention of the work injury. The school representatives and union representative, under subpoena, testified on behalf of the Respondent that the petitioner did not advise the Respondent of the alleged lifting injury during the suspension meeting. The petitioner admitted on cross examination to authoring an email to the school principal about three weeks after the alleged event, but before the termination hearing, that he needed unpaid sick leave to have surgery for the hernia. The email made no mention of a work event.

The medical records showed that the petitioner did seek treatment for the hernia about two weeks after the alleged event but reported that he had a pre-existing hernia for about two to three years which he claimed he aggravated while lifting. The timelines in the records did not correspond with petitioner's allegations that the hernia had flared a week before the appointment which would have been a week after petitioner's last day of employment. Neither treating doctor mentioned any work event in their records.

M. Williams vs. Excel Inn of Rockford

Case tried before Arbitrator Peter Akemann in Rockford on May 19, 2010. 

Decision entered:  June 9, 2010

The Arbitrator finds that on May 30, 2006, the petitioner sustained an accident that arose out of and in the course of her employment, but that the petitioner's current condition of ill-being is not causally related to the accident.

The Arbitrator denies the petitioner's request for medical bills, denies the petitioner's request for 180 weeks of TTD benefits, denies the petitioner's request for an odd lot permanent total award and finds that the petitioner's request for disability under nature and extent is also denied and, therefore, awards zero on all issues.

The Facts:  The petitioner was hired as a night auditor for the Excel Inn of  Rockford approximately three months before the robbery in question on May 30, 2006.  On that date, two masked assailants entered the front door of the Excel Inn with guns drawn and demanding money.  Petitioner testified at trial that during the robbery one of the assailants escorted her to the bathroom where he sexually fondled and molested her.  A surveillance video of the robbery shows the petitioner in the bathroom with the assailant for approximately 35 seconds and when she exits the bathroom she is fully clothed with both hands duct taped behind her. She then kicked on the door of her manager, Carol Raupp, who then called 911.

BCM wins credit for employer

BCM wins credit for employer

Peter J. Stavropoulos prevailed at arbitration before Arbitrator Falcioni, resulting in the petitioner owing the employer $14,027.35 after a credit was awarded to the employer for payment of unrelated medical services and temporary total disability benefits. Coffin v. Monterey Mushrooms, No. 02 WC 60350 (decision filed July 21, 2004).

The petitioner alleged an accident that occurred on April 11, 2001. The truck that the petitioner was driving was involved in motor vehicle accident.

The petitioner, through his proposed decision, was seeking 10% loss of use of a man as a whole, temporary total disability benefits from April 11, 2001, to May 5, 2001, and from March 30, 2002, through December 12, 2002. The respondent had paid temporary total disability to the petitioner from April 11, 2001, to May 5, 2001, and from March 30, 2002, through June 6, 2002.

Petitioner was also seeking payment of unpaid medical bills totaling $742.44, and was seeking to avoid a credit for payment of unrelated medical bills totaling $13,743.41.

William D. Brewster successfully convinced

William D. Brewster successfully convinced the Arbitrator to reject the petitioner's theory of Multiple Chemical Sensitivity and neurotoxicity causing permanent and total disability.


While cleaning a computer lab at Hillcrest High School in June of 1996, the petitioner was sprayed, from a distance of a few feet on the back of her neck with Dust-Off by a co-employee. While originally telling medical providers that the Dust-Off straw was placed in her ear canal, she admitted at trial that she was simply sprayed from behind, with the straw never touching her body. Over the next 13 years the petitioner visited over 20 physicians/facilities, with complaints from head to toe, including: itching and burning eyes; dermatitis; chemical sensitivity; headaches; dry eyes and dry throat syndrome; dry mouth; blurred vision; tingling and numbness; organic brain dysfunction; nausea; high blood pressure; photophobia; electric shocks down her body; memory loss; confusion and poor concentration; decreased sense of smell and appetite; crying spells; hypertension; and depression; insomnia; weight loss; chronic fatigue, anxiety and respiratory distress, all of which she claims prevented her from working. At the time of the trial, the petitioner had not worked in over nine years.

While readily admitting the incident itself, the respondent relied on several independent medical examiners, including Neurotoxicologist, Dr. David Hartman and Board-Certified Occupational Disease Specialist, Dr. Shirley Conibear.

Successful prosecution of fraudulent workers' compensation claim

Roadside Auto Body, Inc. v. Scott Miller
285 Ill.App.3d 105, 220 Ill.Dec 724

John P. Connolly of Brady, Connolly & Masuda, P.C. successfully prosecutes workers' compensation fraud case.


The petitioner reported an unwitnessed accident to his employer 25 days after the alleged incident. A Form 45 was completed and a report was made to the insurance company. The insurer secured a recorded statement from employee and confirmed the accident as reported to the employer. The claim was accepted as compensable and temporary total disability and medical benefits were paid.

  • Rumors that while petitioner receiving temporary total disability benefits, that alleged low back problem occurred as a result of military accident;
  • Investigation into military history confirmed prior back surgery recommendations;
  • No prior Industrial Commission claims;
  • Insurer accepted claim as an aggravation of a pre-existing condition;
  • Petitioner secured an attorney;
  • Petitioner underwent lumbar laminectomy and fusion;
  • Petitioner returned to work six months after lumbar laminectomy;
  • Petitioner wants to settle workers' compensation action;
  • Offer of 30% loss of use of man ($50,000.00) as a whole is accepted;
  • Petitioner advised co-worker/best friend of $50,000.00 settlement;
  • Co-worker went to employer and suggested that petitioner had filed a fraudulent claim;
  • Employer notified insurer;
  • By the time the insurer secured a recorded statement from co-worker, the Lump Sum Settlement Contract was approved by the Illinois Industrial Commission;
  • Co-worker advised insurer that claimant hurt back in the military, had a longstanding back problem and intended to defraud employer;
  • Additional investigation confirmed unwillingness to undergo surgery while in the military;
  • Insurer refuses payment of Lump Sum Settlement Contract; and
  • Petitioner's attorney successfully secured Order from the Industrial Commission for penalties and attorney's fees in the amount of $28,000.00 for non-payment of Lump Sum Settlement Contract.

  • 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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