I&F Prevails in Causation Dispute involving Pre-Existing Condition

Attorney Kristin Thomas recently had a favorable arbitration and Commission decision affirmed by the Circuit Court of Cook County. In this case, petitioner was pulling cable at work when he had a pop in his shoulder. He subsequently underwent surgery for an accepted rotator cuff tear. Three months after the accident, Petitioner began complaining of neck symptoms, for which he ultimately underwent a three level fusion and never returned to work. Medical causation between the cervical spinal complaints and the alleged worked accident were at issue. The cervical spine complaints were denied based on our IMEs with two physicians, as Petitioner had pre-existing conditions and severe degenerative disc disease, for which he underwent cervical surgery two years prior to his work accident.

In a trial that included physician depositions and testimony from the claimant, the Arbitrator found that Petitioner failed to meet his burden of proof regarding medical causation with respect to the compensable work accident and alleged cervical spine injury. In defeating the alleged cervical spine injury, Kristin saved the employer potential trial exposure up to $275,000.00. The case will not be appealed to the Appellate Court.

Congratulations to Kristin for the excellent result.

Lawyer-KristinHofer_tn  inman-fitzgibbons-logo-272x144


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