I&F Prevails in IL Claim where Medical Records Contradict Petitioner’s Testimony
I&F recently prevailed at arbitration in an Illinois WC claim with a ruling that saves the employer thousands of dollars. The petitioner, a laborer, suffered a work injury to his forearm. After a course of physical therapy and activity modification, he was discharged from care. The petitioner did not seek additional treatment for almost a year, and thereafter, sought treatment periodically for the next 3 years, including surgery. The petitioner sought payment of medical bills after initially being placed at MMI. At trial, he testified that he experienced pain every day since the work accident.
Attorney Frank Johnston meticulously reviewed medical records and employment related records. He was able to find numerous inconsistencies and outright contradictions of the petitioner’s trial testimony. During cross examination of the petitioner, he was able to show the Arbitrator that the petitioner was symptom free for close to a year and the treatment he sought later was not related to the original forearm strain.
The Arbitrator found this evidence to be persuasive. She found that the employer was not responsible for the payment of medical bills, TTD benefits, and a significant reduction in PPD benefits from what was sought from the petitioner.
Congratulations to Frank Johnston for the favorable result. Frank practices out of I&F’s Champaign office.