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312-425-3131

10 South LaSalle Street, Suite 900, Chicago, IL 60603

211 Landmark Drive, Suite C2, Normal, IL 61761

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Successful in defending a case before the Illinois Workers' Compensation Commission in the case of Michael McIntyre v. Fluor Maintenance

Mark Vizza was successful in defending a case before the Illinois Workers' Compensation Commission in the case of Michael McIntyre v. Fluor Maintenance.  The case was tried before Arbitrator Hennessy in Joliet, and Arbitrator Hennessy found that the petitioner failed to prove that he suffered an accident arising out of and in the course of his employment with the respondent.  The petitioner filed an appeal to the Illinois Workers' Compensation Commission and the panel of Susan Pigott, James DeMunno, and Nancy Lindsay, issued a unanimous decision upholding Arbitrator Hennessy's decision.

The petitioner alleges that on July 24, 2003, he suffered an accident arising out of and in the course of his employment with the respondent.  However, by his own testimony, there was nothing to establish that anything occurred on that particular day.  The petitioner did testify that prior to that, he had a neck problem and had surgery and returned to work full duty.  He indicated that some time in June 2003, he began having pain in his neck when he hit his head on scaffolding and/or low pipes.  He testified that this continued through July 9, 2003, at which time it got worse when he was working on his computer at home, turned his head and felt something pop in this neck.  The petitioner testified that subsequent to this, his neck continued to get worse.  He did file a written statement which indicates that he did not know on what day he hit his head on a scaffold bar and that he went to the doctor on July 23, 2003, which was one day before the alleged accident.  A representative of the employer testified that he had a conversation with the petitioner, and he indicated that he did not know when or where he hurt his neck and that he only filled out the accident report because the union wanted him to fill it out.   The medical records showed that the petitioner sought treatment on July 9, 2003, when he had neck and shoulder pain for ten days, and at that time it was becoming worse with an incident at his computer.  The medical records also show that there was no change in MRIs of the petitioner's neck from October 25, 2001, and one done on July 25, 2003.  The arbitrator further found that the petitioner had provided no medical documentation regarding whether or not his current condition of ill-being was causally connected to the July 24, 2003, incident.  The Commission upheld the arbitrator's finding on causal connection, as well as accident and all other issues.

Arbitrator finds no accident or causal connection in exposure claim

In Vincent Glaviano vs. Dulin Metals Company, 97 WC 60265, the petitioner alleged that he was exposed to metals and chemical solvents during his work as a plant manager.  He testified that this exposure caused fatigue, numbness in his upper arms, face and legs, memory loss, inability to focus and loss of fine motor skills.  The petitioner was plant manager for the respondent from February of 1996 through July 17, 1997.  The respondent is a broker, trader and dealer of industrial scrap metal.  The petitioner claimed he was entitled to $246,000 in TTD benefits and maximum wage differential benefits with a present cash value of $275,000. 

Arbitrator Cronin did not find the petitioner to be credible.  A representative of the insured testified that the petitioner spent little time touching metals or solvents and that the metals and solvents he did touch were not dangerous.  This contradicted the testimony of the petitioner.  There were many inconsistencies in the medical treatment records regarding complaints of his condition, including some complaints that were anatomically impossible.  The petitioner was not believable when discussing his search for employment and his inability to perform tasks.  As such, Arbitrator Cronin did not find that petitioner sustained any accident that arose out of and in the course of the petitioner's employment. 

The Arbitrator also found that the petitioner's condition was not causally connected to his employment.  The petitioner's treating physician testified that the petitioner was suffering from multiple chemical sensitivity (MCS).  This assertion was refuted by the respondent's examining physician.  Arbitrator Cronin was also made aware of the 2005 case of Bernardoni vs. Industrial Commission, 362 Ill.App.3rd 582, 840 N.E. 2nd 300 (Ill.App.3 Dist. 2005), in which the 3rd District Appellate Court 22874.28 stated that MCS was not sufficiently established to have gained general acceptance in the medical community.  It was argued to Arbitrator Cronin that the petitioner provided no evidence that since the Bernardoni decision that this diagnosis had gained general acceptance in the medical community. 

BCM secures reversal: Commission reverses Arbitrator's 19(b)/8(a) Decision, which awarded petitioner $286,261.35 in benefits

Peter J. Stavropoulos succeeded in securing a reversal of the Arbitrator's decision on a 19(b)/8(a) hearing that awarded the petitioner 66-4/7 weeks of temporary total disability ($30,116.72) and medical expenses in the sum of $256,144.63. David Fenwick v. Area Wide Septic Services, No. 07 IWCC 0769.

The case was tried before the Arbitrator in Ottawa on February 16, 2005. Petitioner testified that on June 18, 2003, he was digging a hole and cutting concrete. He slipped and fell into the hole and injured his back. Petitioner was taken by ambulance to St. Margaret's Hospital.

An MRI was taken which revealed a small right lateral L5-S1 annular tear. His own physician, Dr. Lukancic, saw the petitioner on June 28, 2003 and diagnosed petitioner with an acute lumbosacral strain. Ultimately, petitioner fell into the hands of Dr. DePhillips.

BCM prevails: Truck driver is not entitled to a wage differential

Peter J. Stavropoulos prevailed on this case at trial and before the Illinois Workers' Compensation Commission. Richard Showen vs. Schwerman Trucking Co., No. 07 IWCC 0825 (Commission decision filed on June 28, 2007).

The petitioner suffered a back injury on July 30, 2002, when his truck hit a pothole entering the customer's lot. Petitioner testified that he hit his head on the ceiling of the truck and then landed back in his seat, resulting in a low back injury. Petitioner was off work from February 4, 2002, through February 17, 2002, at which time his treating physician released him to return to work full duty. Petitioner did work full duty until October of 2002, when there was a company wide layoff due to the seasonal nature of the job.

Fourteen months after his last visit, petitioner returned to the doctor on April 3, 2003. In that month, petitioner worked only 3 days due to his complaints of pain. Also in April of 2003, the facility out of which the petitioner was dispatched was permanently closed.

BCM proves mother not entitled to son's death benefits

Julia McCarthy tried Aaron Pettet (Deceased) v. Shadow Manufacturing on behalf of the respondent.  This case involved a death claim. The decedent died as the result of exposure while cleaning a well on May 19, 2006. The accident itself was not disputed.

At the time of his death, the decedent was single with no children. A claim was filed alleging dependency by his mother.

Decedent's mother claimed partial dependency pursuant to Section 7(c) of the Act. The mother testified at the time of trial her deceased son gave her $40.00 - $100.00 per week for medication. She is diabetic. She testified she received cash from her son.

The insured testified regarding her knowledge as to a lack of relationship between the decedent and his mother.

  • 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
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