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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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BCM shows that van driver who had a total knee replacement is not permanently and totally disabled

Mark F. Vizza tried this case on behalf of the respondent. It involves a petitioner who suffered an accident arising out of and in the course of employment in which he injured his right knee which necessitated a total knee replacement. Barry A. Clarke vs. Professional Transportation, 03 WC 36743. The petitioner also underwent a total knee replacement of the left knee, and was alleging that both were as a result of the accident arising out of and in the course of employment. The petitioner further alleged that as a result of these total knee replacements, he was unable to return to gainful employment.

He had been employed by the respondent as a van driver, and testified that he could no longer do the duties of a van driver. He had previous work experience as an air traffic controller, but had retired due to age. The petitioner alleges that he could not perform any functions and that he had looked for employment and could not find employment. It was brought out in testimony that he had applied for nine jobs since his release from medical care.

The petitioner's treating doctor indicated that the petitioner could return to driving a van if he was allowed to take a break every hour or so to prevent the development of blood clots. The respondent's independent medical evaluation found that the petitioner was not at risk to develop blood clots. A representative of the respondent testified that the petitioner's job was available and that they would allow him to take a break every hour to get out of the van and stretch his legs so he did not develop blood clots. The witness pointed out that this was contained in the employee handbook that an employee could at any time take a break if he felt one was necessary. The petitioner further testified that he never attempted to return to his job as a van driver.

BCM proves that petitioner who claims to have lost all her memories, except for how her accident occurred, is not permanently and totally disabled

Mark F. Vizza tried this case on behalf of the respondent. This matter involves a woman who alleges she suffered an accident arising out of and in the course of employment when coming out of the bathroom stall she tripped on a bucket and hit her head. Susan Davis vs. American Heritage Protection, 03 WC 27813. She alleges that since that day in 2003, she has no memory of any aspect of her prior life, except for how her accident occurred.

Accident and causal connection were disputed in this matter. This matter went to trial before Arbitrator Edward Lee of the Illinois Workers' Compensation Commission, and after hearing testimony from the petitioner and all the medical evidence regarding this case, awarded the petitioner 104 weeks temporary total disability benefits and 15% loss of use of the man as a whole and $20,000.00 in medical.

The petitioner had requested that she be found permanently and totally disabled, as she was claiming she was unable to return to any employment as she had forgotten all her training as a security guard and was nervous in crowds or around people after her accident. She contended that four years after the accident, she still did not remember any aspects of her life prior to the alleged accident. She did not remember her husband, her children, her sisters, or any other aspect of her life.

  • 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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