Pre-Existing Rotator Cuff Tear Not Compensable
In September 2013, I&F attorney Lauren Waninski recorded a win in a disputed case involving a claimant who alleged a rotator cuff tear after an altercation at work. The claimant filed a review to the Circuit Court of Morgan County. The parties proceeded with oral arguments and in February 2015, Lauren Waninski received an Order affirming the Decision of the Illinois Workers’ Compensation Commission finding that the petitioner did not sustain an accident and rendering all other issues moot.
The dispute over the alleged rotator cuff injury was based on the medical evidence. The claimant had undergone a diagnostic study several days prior to his alleged date of injury which showed proof of a rotator cuff tear. In a trial that included physician depositions and testimony from the claimant, the Arbitrator found that the claimant failed to meet his burden of proof that an accident arose out of and in the course of his employment with the employer with respect to the alleged right shoulder injury. The Arbitration Decision was affirmed unanimously by the Illinois Workers’ Compensation Commission and now by the Circuit Court of Morgan County. In defeating the claimed injury to the right shoulder, Lauren saved the employer potential trial exposure up to $47,000.00.
The case has not been appealed to the Appellate Court.