I&F’s Judy Nash recently recorded a pair of wins on behalf of Illinois employers. In the first, the Circuit Court of Lake County affirmed the Commission finding that the petitioner failed to establish a compensable injury that allegedly occurred in a fall in the lady’s room on the premises of the employer. Following a hearing over the course of three days, Judy was successful in obtaining a decision finding that the petitioner, a Records Input Operator for a municipality in the northern suburbs, was not credible and the evidence established that she did not sustain a compensable work injury. In support of its denial, the respondent produced security camera footage of the petitioner immediately following the alleged fall at work walking in the hallway and a witness who was in the lady’s room at the time of the alleged injury. Additionally several Police Officers testified in support of the respondent’s position and an on-site inspection of the ladies room was conducted by the Arbitrator. This result represented a significant savings for the respondent as the petitioner had two failed rotator cuff repairs and had been recommended for a shoulder replacement.
Judy was also successful before the Appellate Court on an issue involving Section 11 of the Act. A Rule 23 decision from the Appellate Court affirmed the decision of the Circuit Court, Commission and Arbitrator finding a Fire Department employee’s two knee injuries that occurred while he was participating in a voluntary recreational program were not compensable pursuant to section 11 of the Act because he was engaged in a voluntary activity. The petitioner alleged two separate knee injuries while jogging and during exercise at the city’s health club. Petitioner was a participant in a City sponsored fitness challenge program offered to all employees and spouses. The petitioner underwent a left knee arthroscopic partial medial meniscectomy followed by a right arthroscopic partial medial meniscectomy. At trial, the respondent produced the petitioner’s employment contract to establish that he had no formal requirement relating to physical fitness.
Congratulations to attorney Judy Nash for the excellent results.