I&F Prevails in Illinois WC Dispute over Light Duty Job Offer
Congratulations to Partner Jack Shanahan for an outstanding Illinois WC Arbitration result. In this case, the petitioner was injured in a confirmed accident in 2014 when a hand-jack rolled over her foot, causing immediate complaints of pain and need for treatment. Disputes arose shortly thereafter as to an offer of light duty work within petitioner’s restrictions, and petitioner was later taken off of work by a new doctor. She had not worked at all for over 2 years prior to the trial.
There were also recommendations for surgery on the ankle, which respondent never authorized. At trial, the arbitrator was convinced that appropriate light duty work had been offered and refused by petitioner. As result, the entire claimed period of TTD was denied.
In addition, respondent denied all medical care after its reevaluation IME in September, 2014. Petitioner’s attorney submitted 5-figures in outstanding medical bills that he was claiming. The arbitrator adopted our IME’s opinions as to petitioner’s ability to work and that she was no longer in need of treatment after September, 2014, reducing the award of medical bills substantially. Lastly, based on the evidence presented and our IME opinions, the arbitrator awarded less than half of the PPD amount demanded by petitioner’s attorney, and entered an appropriate amount for the actual injury petitioner sustained and her period of recovery.