I&F Prevails as IL WC Arbitrator Finds Petitioner is Not Permanently Totally Disabled

In a recent case before an arbitrator at the Illinois Workers’ Compensation Commission, Associate Attorney Lauren L. Waninski prevailed in defense of an alleged claim by the claimant for permanent total disability benefits. The claimant alleged that a slip and fall at work caused injuries to her knee, cervical spine and lumbar spine. The claimant testified that as a result of her injuries she required surgeries and work restrictions which rendered her unable to work for the employer.

The employer’s independent medical examiners noted the claimant had preexisting pathology to the knee, cervical spine and lumbar spine. The independent medical examiners opined the claimant’s conditions were not work related.

Additionally, the employer’s vocational rehabilitation counselor identified employment opportunities the claimant qualified for noting that she obtained advanced degrees while off of work.

The arbitrator in this case found that the claimant failed to prove the injuries sustained resulted in permanent total disability benefits. The arbitrator noted that the claimant failed to return to work for the employer and failed to show she attempted a return to work in any capacity.

Congratulations to Associate Attorney Lauren L. Waninski  and to our client on this victory, which was accomplished through diligent teamwork on the part of the employer, its third-party claims administrator and our office. Lauren works out of the Chicago, IL and Lansing, MI offices of Inman and Fitzgibbons and serves on the Firm’s Client Education Committee.

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