201501.14
0

Stealing From Employer Still Not a Bar to TTD in Illinois

As we previously covered in greater detail here, Mr. Matuszczak, the petitioner, was fired for the repeated theft of cigarettes.  He testified that he knew that stealing was a crime and could lead to him being fired.  The petitioner had previously been prescribed light-duty restrictions that were being accommodated by his employer and he also…

201408.18
0

Claimant’s Involvement with Family Business not Considered “Return to Work”

This recent case illustrates one facet of the limits of the Respondent’s ability to mitigate TTD exposure prior to a claimant reaching MMI.  In Sunny Hill of Will County. v. Illinois Workers’ Comp. Comm’n, 2014 IL App (3d) 130028WC, the claimant’s ownership of and contributions to a business that was run with her two daughters did not…

201201.12
0

I&F Prevails where Petitioner Fails to Paint Picture of Work Related Repetitive Trauma

Tina Freund was recently successful in obtaining a zero award with the denial of all benefits for alleged repetitive trauma claims to aclaimant’s knees, resulting in bilateral knee replacements. The respondent’s exposure under the 19(b) hearing included over $110,000.00 in medical bills and almost a year of TTD benefits ($38,000.00) plus potential exposure for a significant…

201112.13
0

I&F wins where petitioner fails to carry burden of proof

The Commission recently reversed an unfavorable decision by the Arbitrator as to our client’s liability for renewed treatment and lost time five months after the prior treating physician deemed the claimant at MMI. Our client had paid benefits on a repetitive trauma claim for a couple of years through surgery and follow up care necessitated…