The appellate court affirmed the decision of the Illinois Workers' Compensation Commission finding that the claimant proved she sustained an accidental injury arising out of her employment on July 12, 2016. Specifically, the Commission found the claimant injured her right shoulder while reaching to flush a malfunctioning toilet at work. The Commission credited the opinion of the claimant's treating physician over the employer's expert in determining the injury was causally related to her work duties. The circuit court confirmed the Commission's decision, and the appellate court affirmed, finding the Commission's decision was not against the manifest weight of the evidence.
The Unwritten Rule of Manifest Weight Cases: Is the Decision Well Supported in Southern Glazer’s Wine and Spirits of Illinois v. The Illinois Workers’ Compensation Commission
Josh Rudolfi of Ankin Law in Chicago, IL helped an injured PepsiCo worker receive $32,551 for permanent partial disability after he injured his shoulder trying to open a door on his truck.
A painter who worked at the Navy Pier in Chicago sustained an injury to his cervical spine which arose out of and in the course of his employment. Ankin Law Office attorney Josh Rudolfi represented the painter in the appellate court hearing where the Illinois Workers Compensation Commission award of temporary total disability benefits, medical expenses, and wage differential benefits were affirmed.
An actor suffered rotator cuff impingement with partial thickness tearing of the rotator cuff. The injury was caused by dragging himself around the stage with his left arm during performances in his role as Porgy in a production of "Porgy and Bess".
When a 60-year-old gutter guard installer fell from a ladder at work and fractured his heel doctors treated him for his injuries. Over the next few months he was given crutches, a cast and a CAM boot. As his right foot was slowly healing he reported pain in his right knee as well. His employer was reluctant to admit that his knee pain was related to his fall at work. That’s when Josh Rudolfi and his team at Ankin Law stepped in.
Howard Ankin Presentation at ITLA Workers' Compensation SeminarAnkin Law Office, LLC
Howard Ankin gave a presentation at the Illinois Trial Lawyers Association workers’ compensation seminar on November 3, 2017. The Illinois Trial Lawyers is an association of lawyers who advocate on behalf of injured people.
The Unwritten Rule of Manifest Weight Cases: Is the Decision Well Supported in Southern Glazer’s Wine and Spirits of Illinois v. The Illinois Workers’ Compensation Commission
Josh Rudolfi of Ankin Law in Chicago, IL helped an injured PepsiCo worker receive $32,551 for permanent partial disability after he injured his shoulder trying to open a door on his truck.
A painter who worked at the Navy Pier in Chicago sustained an injury to his cervical spine which arose out of and in the course of his employment. Ankin Law Office attorney Josh Rudolfi represented the painter in the appellate court hearing where the Illinois Workers Compensation Commission award of temporary total disability benefits, medical expenses, and wage differential benefits were affirmed.
An actor suffered rotator cuff impingement with partial thickness tearing of the rotator cuff. The injury was caused by dragging himself around the stage with his left arm during performances in his role as Porgy in a production of "Porgy and Bess".
When a 60-year-old gutter guard installer fell from a ladder at work and fractured his heel doctors treated him for his injuries. Over the next few months he was given crutches, a cast and a CAM boot. As his right foot was slowly healing he reported pain in his right knee as well. His employer was reluctant to admit that his knee pain was related to his fall at work. That’s when Josh Rudolfi and his team at Ankin Law stepped in.
Howard Ankin Presentation at ITLA Workers' Compensation SeminarAnkin Law Office, LLC
Howard Ankin gave a presentation at the Illinois Trial Lawyers Association workers’ compensation seminar on November 3, 2017. The Illinois Trial Lawyers is an association of lawyers who advocate on behalf of injured people.
A City of Chicago Department of Forestry worker was awarded cervical and knee replacement surgery as well as medical and ttd benefits. Attorney Scott Goldstein of Ankin Law Office also ensured that the City of Chicago pay penalties for the way they handled the respondent's case.
Scott Goldstein Helps Grocery Store Worker Win Total Knee Replacement Ankin Law Office, LLC
A grocery store overnight stock lead who injured her knee at work has been awarded medical services and a total knee replacement after a work-related injury. The injured worker was represented by Scott Goldstein of Ankin Law in front of the Illinois Workers' Compensation Commission.
This document is an arbitration decision from the Illinois Workers' Compensation Commission regarding a claim filed by an employee, [Petitioner], against their employer, Ed Miniat L.L.C., [Respondent]. The decision finds that the Petitioner sustained work-related accidents on October 18, 2019 and October 25, 2019 while employed by the Respondent as a sanitation technician. As a result, the Respondent is ordered to pay unpaid medical bills, temporary total disability benefits from July 17, 2020 to January 26, 2022, and authorize prospective medical treatment recommended by Petitioner's doctor.
Writing Sample for Gennafer G. Garvin Workers' Comp.Gen Garvin
The document summarizes a pre-argument bench memorandum for an upcoming workers' compensation appeal. It provides background on the case, including a summary of the claimant's testimony and medical evidence presented, as well as the employer's response. It outlines the key issues on appeal as whether the Commission erred in finding the claimant's injury was not work-related and in finding she failed to provide timely notice of her injury. The memorandum analyzes the facts of the case and medical opinions.
Arun balakrishnan iyer v. soni hospital and orsAbhinandan Ray
This case involves medical negligence and lack of informed consent. The plaintiffs sued the defendants - a hospital and two doctors - for removing the second plaintiff's uterus during surgery to remove an ovarian cyst without her consent. The court found that the defendants were negligent in their treatment of the second plaintiff and failed to obtain her consent for removing her uterus. The court ordered the defendants to pay 3,35,000 rupees in compensation plus 6% annual interest to the plaintiffs.
This document summarizes a legal case involving a Filipino seaman, Ramon Alpino, who filed multiple claims against his former employer, Stolt-Nielsen Marine Services, Inc., seeking disability and sickness benefits. The case discusses the history of Alpino's various claims filed with the Philippine Overseas Employment Administration and courts. It also summarizes the labor arbiter's decision granting Alpino's claim and ordering payment, as well as Stolt-Nielsen's appeal arguing the claim was barred by prescription, res judicata, and prior legal rulings on the validity of documents related to the case. The Court of Appeals and NLRC affirmed the labor arbiter's decision based on Stolt-Nielsen
1) The document provides details of medical treatment received by George Washington for injuries sustained in a motor vehicle accident on September 15, 2010, including multiple physician visits, diagnostic imaging, physical therapy, and two left shoulder surgeries.
2) It argues that the medical treatment received was medically necessary and causally related to the accident, noting that deference should be given to the opinion of the treating physician.
3) It cites legal precedent establishing that medically necessary expenses include those that provide temporary relief from symptoms and do not need to result in a cure, as long as the treatment is reasonable.
Clair v. Standard Fire Ins., St. Paul Travelers Ins., Co.Josh Stewart
This document is a final compensation order from a workers' compensation case in Florida regarding a claimant seeking permanent total disability benefits and compensation for a psychiatric condition resulting from a 2002 workplace injury. It provides background on the claimant's medical treatment history, evaluations and opinions of various physicians, and the employer/carrier's defenses to the claim. The judge considered testimony and evidence presented at a hearing to make findings of fact and conclusions of law on the outstanding issues in the case.
Scott Goldstein and Josh Rudolfi of Ankin Law won an Appellate Court decision that saw a school bus driver receive medical care and temporary total disability benefits after a shoulder injury at work. The veteran bus driver injured her arm and shoulder when she operated the manual lever to open the door to the school bus.
Josh Rudolfi Secures "odd-lot" Permanent and Total Disability BenefitsAnkin Law Office, LLC
A 51-year-old mental health technician who was injured by a patient was awarded disability benefits and maintenance after a shoulder injury forced him to stop working. Josh Rudolfi represented the injured worker in arbitration and was able to secure medical, disability and maintenance benefits.
Delayed diagnosis of spinal tumor results in $Rene Garcia
A woman sued multiple doctors for medical malpractice claiming they failed to properly diagnose a spinal tumor. At trial, a jury found the doctors collectively 30% responsible and awarded the woman $49.75 million in damages. One doctor appealed arguing lack of causation and excessive damages. Experts believe the appellate court will significantly reduce the pain and suffering award, as largest awards usually involve paraplegia or quadriplegia, unlike the woman's injuries. The case remains ongoing with issues of causation, damages period, insurance coverage, and attorneys' fees still to be resolved.
An armored truck driver who injured her right hand while unloading boxes of quarters was awarded temporary total disability and surgery by an arbitrator. Ankin Law attorney, Josh Rudolfi was able to show that the driver was a entitled to ttd as well as thumb release and carpal tunnel release surgeries. Her employer was also ordered to pay necessary medical services of $13,548.98.
This document is a decision from the Health Professions Review Board regarding a complaint made against a physician and surgeon. It summarizes the complaint, which involved a patient who declined rapidly after surgery where a spinal anesthesia failed and general anesthesia was used instead, against her previous request. The Review Board found that the Inquiry Committee's investigation was adequate but that the disposition dismissing the complaint was not reasonable, as it failed to address a critical conclusion from the expert opinion obtained. The matter is sent back to the Inquiry Committee with directions.
Ankin Law attorney Josh Rudolfi represented a DCC Propane driver/serviceman who injured his back on the job. After numerous doctor appointments, physical therapy, tests and medications, the serviceman has remained in an off-work status pending back surgery.
Josh Rudolfi of Ankin Law secured a favorable settlement in arbitration for a sterile processing technician who injured her back while moving a full cart of surgical instruments.
In arbitration, Mr. Goldstein was able to secure a very favorable decision for the grounds worker who was awarded: temporary total disability benefits of $722.20/week for 61 weeks; 6% loss of use of the person as a whole which corresponds to 30 weeks of permanent partial disability benefits at a weekly rate of $649.97; and payment of outstanding medical services totaling $9,133.89.
This document is a decision from the Health Professions Review Board regarding a complaint filed against a physician. It summarizes the complaint, which alleges that the physician failed to protect the complainant from further injury by reporting to WorkSafeBC that he could return to work without limitations after his first hand injury, which then led to a second devastating hand injury. It describes the investigation process undertaken by the College's Inquiry Committee in response to the complaint. It also provides background details on the complainant's two hand injuries, his treatment and return to work.
Davidson v Transport Accident Commission [2015] VSCA 12Stephen Tuck
The applicant appealed a County Court decision that dismissed her application for leave to bring a common law claim for damages arising from injuries to her left wrist sustained in a 2009 transport accident. The Court of Appeal allowed the appeal, finding that the applicant had established a serious long-term impairment or loss of the function of her left wrist pursuant to the Transport Accident Act 1986. The applicant fractured her wrist in the 2009 accident and has since experienced ongoing pain, weakness, and limited range of motion that impact her daily activities and employment prospects. Medical evidence established that her condition was unlikely to improve and may deteriorate further over time.
This document summarizes key points from a presentation on medical law and ethics:
1. It discusses concepts like medical malpractice, negligence, fraud, and professional liability. It also outlines strategies for doctors to protect themselves, like obtaining liability and malpractice insurance.
2. Several medical malpractice cases are summarized that resulted from errors like surgical instruments or glass being left in patients' bodies.
3. The principles of consent in medical law are examined, including the landmark case of Abdul Razak Datuk Abu Samah v Raja Badrul Hisham Raja Zezeman Shah, where a patient died due to a lack of informed consent regarding risks of surgery.
Mr. Doe underwent a colonoscopy at an endoscopy center and was given anesthesia. After the procedure, he was told to get dressed and that his son would pick him up soon. Still feeling sedated, Mr. Doe attempted to get dressed unassisted and fell, fracturing his wrist. The medical records show failures in post-procedure care including inadequate monitoring and assessment of Mr. Doe's condition before allowing him to ambulate unassisted in his sedated state. This resulted in injuries requiring surgery. The case has merit as the standard of care requires appropriate oversight and evaluation of patients recovering from anesthesia to ensure safe discharge.
This document is a court ruling in an Article 78 proceeding brought by William Feng seeking to overturn the denial of his application for an accident disability retirement (ADR) pension by the New York City Police Pension Fund. The court summarizes Feng's medical history and injuries claimed to have occurred in the line of duty. While some doctors found his injuries were caused by these incidents, the Pension Fund's Medical Board determined his condition was due to a pre-existing congenital scoliosis. The court finds the Medical Board's determination was based on credible evidence and was not arbitrary or capricious, so the denial of an ADR pension is upheld.
The document summarizes significant defense verdicts obtained by the author in 2016 and 2015 in medical malpractice cases. In 2016, defense verdicts were obtained for a surgeon in a case involving a postoperative wound complication leading to death, and for a family physician accused of improperly prescribing steroids leading to infections and death. In 2015, defense verdicts were obtained for a surgeon in a case involving a postoperative leak after sigmoid colon resection leading to death, for a general surgeon performing a colostomy, for an OB/GYN accused of unnecessary ovary removal, and for an emergency physician accused of delaying lung cancer diagnosis.
A City of Chicago Department of Forestry worker was awarded cervical and knee replacement surgery as well as medical and ttd benefits. Attorney Scott Goldstein of Ankin Law Office also ensured that the City of Chicago pay penalties for the way they handled the respondent's case.
Scott Goldstein Helps Grocery Store Worker Win Total Knee Replacement Ankin Law Office, LLC
A grocery store overnight stock lead who injured her knee at work has been awarded medical services and a total knee replacement after a work-related injury. The injured worker was represented by Scott Goldstein of Ankin Law in front of the Illinois Workers' Compensation Commission.
This document is an arbitration decision from the Illinois Workers' Compensation Commission regarding a claim filed by an employee, [Petitioner], against their employer, Ed Miniat L.L.C., [Respondent]. The decision finds that the Petitioner sustained work-related accidents on October 18, 2019 and October 25, 2019 while employed by the Respondent as a sanitation technician. As a result, the Respondent is ordered to pay unpaid medical bills, temporary total disability benefits from July 17, 2020 to January 26, 2022, and authorize prospective medical treatment recommended by Petitioner's doctor.
Writing Sample for Gennafer G. Garvin Workers' Comp.Gen Garvin
The document summarizes a pre-argument bench memorandum for an upcoming workers' compensation appeal. It provides background on the case, including a summary of the claimant's testimony and medical evidence presented, as well as the employer's response. It outlines the key issues on appeal as whether the Commission erred in finding the claimant's injury was not work-related and in finding she failed to provide timely notice of her injury. The memorandum analyzes the facts of the case and medical opinions.
Arun balakrishnan iyer v. soni hospital and orsAbhinandan Ray
This case involves medical negligence and lack of informed consent. The plaintiffs sued the defendants - a hospital and two doctors - for removing the second plaintiff's uterus during surgery to remove an ovarian cyst without her consent. The court found that the defendants were negligent in their treatment of the second plaintiff and failed to obtain her consent for removing her uterus. The court ordered the defendants to pay 3,35,000 rupees in compensation plus 6% annual interest to the plaintiffs.
This document summarizes a legal case involving a Filipino seaman, Ramon Alpino, who filed multiple claims against his former employer, Stolt-Nielsen Marine Services, Inc., seeking disability and sickness benefits. The case discusses the history of Alpino's various claims filed with the Philippine Overseas Employment Administration and courts. It also summarizes the labor arbiter's decision granting Alpino's claim and ordering payment, as well as Stolt-Nielsen's appeal arguing the claim was barred by prescription, res judicata, and prior legal rulings on the validity of documents related to the case. The Court of Appeals and NLRC affirmed the labor arbiter's decision based on Stolt-Nielsen
1) The document provides details of medical treatment received by George Washington for injuries sustained in a motor vehicle accident on September 15, 2010, including multiple physician visits, diagnostic imaging, physical therapy, and two left shoulder surgeries.
2) It argues that the medical treatment received was medically necessary and causally related to the accident, noting that deference should be given to the opinion of the treating physician.
3) It cites legal precedent establishing that medically necessary expenses include those that provide temporary relief from symptoms and do not need to result in a cure, as long as the treatment is reasonable.
Clair v. Standard Fire Ins., St. Paul Travelers Ins., Co.Josh Stewart
This document is a final compensation order from a workers' compensation case in Florida regarding a claimant seeking permanent total disability benefits and compensation for a psychiatric condition resulting from a 2002 workplace injury. It provides background on the claimant's medical treatment history, evaluations and opinions of various physicians, and the employer/carrier's defenses to the claim. The judge considered testimony and evidence presented at a hearing to make findings of fact and conclusions of law on the outstanding issues in the case.
Scott Goldstein and Josh Rudolfi of Ankin Law won an Appellate Court decision that saw a school bus driver receive medical care and temporary total disability benefits after a shoulder injury at work. The veteran bus driver injured her arm and shoulder when she operated the manual lever to open the door to the school bus.
Josh Rudolfi Secures "odd-lot" Permanent and Total Disability BenefitsAnkin Law Office, LLC
A 51-year-old mental health technician who was injured by a patient was awarded disability benefits and maintenance after a shoulder injury forced him to stop working. Josh Rudolfi represented the injured worker in arbitration and was able to secure medical, disability and maintenance benefits.
Delayed diagnosis of spinal tumor results in $Rene Garcia
A woman sued multiple doctors for medical malpractice claiming they failed to properly diagnose a spinal tumor. At trial, a jury found the doctors collectively 30% responsible and awarded the woman $49.75 million in damages. One doctor appealed arguing lack of causation and excessive damages. Experts believe the appellate court will significantly reduce the pain and suffering award, as largest awards usually involve paraplegia or quadriplegia, unlike the woman's injuries. The case remains ongoing with issues of causation, damages period, insurance coverage, and attorneys' fees still to be resolved.
An armored truck driver who injured her right hand while unloading boxes of quarters was awarded temporary total disability and surgery by an arbitrator. Ankin Law attorney, Josh Rudolfi was able to show that the driver was a entitled to ttd as well as thumb release and carpal tunnel release surgeries. Her employer was also ordered to pay necessary medical services of $13,548.98.
This document is a decision from the Health Professions Review Board regarding a complaint made against a physician and surgeon. It summarizes the complaint, which involved a patient who declined rapidly after surgery where a spinal anesthesia failed and general anesthesia was used instead, against her previous request. The Review Board found that the Inquiry Committee's investigation was adequate but that the disposition dismissing the complaint was not reasonable, as it failed to address a critical conclusion from the expert opinion obtained. The matter is sent back to the Inquiry Committee with directions.
Ankin Law attorney Josh Rudolfi represented a DCC Propane driver/serviceman who injured his back on the job. After numerous doctor appointments, physical therapy, tests and medications, the serviceman has remained in an off-work status pending back surgery.
Josh Rudolfi of Ankin Law secured a favorable settlement in arbitration for a sterile processing technician who injured her back while moving a full cart of surgical instruments.
In arbitration, Mr. Goldstein was able to secure a very favorable decision for the grounds worker who was awarded: temporary total disability benefits of $722.20/week for 61 weeks; 6% loss of use of the person as a whole which corresponds to 30 weeks of permanent partial disability benefits at a weekly rate of $649.97; and payment of outstanding medical services totaling $9,133.89.
This document is a decision from the Health Professions Review Board regarding a complaint filed against a physician. It summarizes the complaint, which alleges that the physician failed to protect the complainant from further injury by reporting to WorkSafeBC that he could return to work without limitations after his first hand injury, which then led to a second devastating hand injury. It describes the investigation process undertaken by the College's Inquiry Committee in response to the complaint. It also provides background details on the complainant's two hand injuries, his treatment and return to work.
Davidson v Transport Accident Commission [2015] VSCA 12Stephen Tuck
The applicant appealed a County Court decision that dismissed her application for leave to bring a common law claim for damages arising from injuries to her left wrist sustained in a 2009 transport accident. The Court of Appeal allowed the appeal, finding that the applicant had established a serious long-term impairment or loss of the function of her left wrist pursuant to the Transport Accident Act 1986. The applicant fractured her wrist in the 2009 accident and has since experienced ongoing pain, weakness, and limited range of motion that impact her daily activities and employment prospects. Medical evidence established that her condition was unlikely to improve and may deteriorate further over time.
This document summarizes key points from a presentation on medical law and ethics:
1. It discusses concepts like medical malpractice, negligence, fraud, and professional liability. It also outlines strategies for doctors to protect themselves, like obtaining liability and malpractice insurance.
2. Several medical malpractice cases are summarized that resulted from errors like surgical instruments or glass being left in patients' bodies.
3. The principles of consent in medical law are examined, including the landmark case of Abdul Razak Datuk Abu Samah v Raja Badrul Hisham Raja Zezeman Shah, where a patient died due to a lack of informed consent regarding risks of surgery.
Mr. Doe underwent a colonoscopy at an endoscopy center and was given anesthesia. After the procedure, he was told to get dressed and that his son would pick him up soon. Still feeling sedated, Mr. Doe attempted to get dressed unassisted and fell, fracturing his wrist. The medical records show failures in post-procedure care including inadequate monitoring and assessment of Mr. Doe's condition before allowing him to ambulate unassisted in his sedated state. This resulted in injuries requiring surgery. The case has merit as the standard of care requires appropriate oversight and evaluation of patients recovering from anesthesia to ensure safe discharge.
This document is a court ruling in an Article 78 proceeding brought by William Feng seeking to overturn the denial of his application for an accident disability retirement (ADR) pension by the New York City Police Pension Fund. The court summarizes Feng's medical history and injuries claimed to have occurred in the line of duty. While some doctors found his injuries were caused by these incidents, the Pension Fund's Medical Board determined his condition was due to a pre-existing congenital scoliosis. The court finds the Medical Board's determination was based on credible evidence and was not arbitrary or capricious, so the denial of an ADR pension is upheld.
The document summarizes significant defense verdicts obtained by the author in 2016 and 2015 in medical malpractice cases. In 2016, defense verdicts were obtained for a surgeon in a case involving a postoperative wound complication leading to death, and for a family physician accused of improperly prescribing steroids leading to infections and death. In 2015, defense verdicts were obtained for a surgeon in a case involving a postoperative leak after sigmoid colon resection leading to death, for a general surgeon performing a colostomy, for an OB/GYN accused of unnecessary ovary removal, and for an emergency physician accused of delaying lung cancer diagnosis.
In an arbitration hearing before Illinois Workers' Compensation Commission, Ankin Law attorney, Josh Rudolfi represented a woman who sustained cervical and thoracic spine injuries while loading packages at a loading dock.
Ankin Law attorney, Joshua Rudolfi received a favorable decision for his client who injured his back at work. The Custom Aluminum Products, Inc. employee was loading steel pipes, which required him to step onto a cart, when the cart moved causing him to lose his balance and fall injuring his back and neck.
The document is a 12 page arbitration decision from the Illinois Workers' Compensation Commission regarding a case between an employee, [Petitioner], and their employer, Speedway LLC, [Respondent]. It details the employee's injury at work where they slipped and fell on ice sustaining a fracture to their right tibia. It describes the employee's medical treatment, including surgery, as well as testimony provided. The arbitrator found that the employee's current condition was causally related to the work injury and that the employer is responsible for all reasonable and necessary medical bills and temporary total disability benefits, less a credit to the employer.
A man became paralyzed from a diving accident and was transferred to a nursing home where he developed severe pressure ulcers due to negligent care. He sued the nursing home and was awarded $750,000 in damages for pain and suffering by a jury. The appellate court affirmed the verdict, noting the man's injuries included a large Stage IV ulcer, debridement procedures, continuing pain, and increased risk of future ulcers.
Similar to Appellate Court Upholds WC Commission Decision (20)
Ankin Law attorney, Scott Goldstein, helped secure temporary total disability, payment of medical bills, and prospective medical care for an injured fork lift driver.
Scott Goldstein Secures Favorable Decision for Injured Truck DriverAnkin Law Office, LLC
Ankin Law attorney, Scott Goldstein represented a truck driver with an injured knee. The arbitrator awarded Goldstein's client TTD, medical bills and knee surgery.
Ankin Law attorney, Scott Goldstein represented a City of Chicago, Finance Department employee who requires carpal tunnel release surgery after spending her workdays typing at a computer.
Scott Goldstein, of Ankin Law, won Medical Benefits and Temporary Total Disability for a forklift driver who injured her back after her forklift fell off of a loading dock.
This document is an arbitration decision from the Illinois Workers' Compensation Commission regarding a case between an employee, Petitioner, and her employer, Respondent HEI Hospitality/Marriott International Inc. The Petitioner, a 56-year-old housekeeper, injured her right knee at work on August 16, 2018 while stripping a bed. She underwent treatment including surgery and was found to have a permanent partial disability. The Arbitrator awarded the Petitioner medical benefits, temporary total disability benefits, and permanent partial disability benefits of 40% loss of use of the person as a whole.
Rockford City Employee Robbed at Gunpoint Receives Workers Compensation BenefitsAnkin Law Office, LLC
Petitioner, a former employee of the City of Rockford, was held at gunpoint by two men while working on April 17, 2017. He sought medical treatment and was diagnosed with acute stress disorder and PTSD. He underwent psychotherapy and was placed off work until September 22, 2017. Respondent sent Petitioner for an IME, where the doctor found Petitioner had reached MMI and could return to work, but Petitioner's treating doctors disagreed. Petitioner was terminated before returning to work and later found employment with the VA. The arbitrator must determine if Petitioner's condition was causally related to the work incident and the benefits owed.
The arbitration decision involved a workers' compensation claim filed by Petitioner against Respondent. Petitioner alleged he sustained injuries to his back on October 26, 2021 while unloading boxes from his delivery truck for Respondent. The decision addressed disputed issues including whether Petitioner's injuries arose out of his employment, whether his condition was causally related to the accident, whether medical bills were owed, and whether temporary disability benefits were owed. Based on the evidence presented, the arbitrator found in favor of Petitioner and ordered Respondent to pay outstanding medical bills and temporary disability benefits.
This Week@Ankin Law is a weekly in-house newsletter highlighting noteworthy events of the week at Chicago's injury law firm. Featured this week of March 21, 2022 are Derek Lax, Security Training, Pothole Season, Waste Basket Basketball Challenge, Kaytlin Kirk, Bill Ramsay, and Jacky De LaMora.
This Week@Ankin Law is a weekly in-house newsletter highlighting noteworthy events of the week at Chicago's injury law firm. Featured this week of February 28, 2022, are Ian Zenziper, Matt Friedman, Howard Ankin, Alex DeBrincat, Fat Tuesday, Lunch'n Learn, Scott Goldstein, Teacher of the Month, Joanna Liace, Ankin Law 25th Anniversary, and Cassy Creasy.
This Week@Ankin Law is a weekly in-house newsletter highlighting noteworthy events of the week at Chicago's injury law firm. Featured this week of February 7, 2022, are Maria Merman, Alex Quigley, Laura Martinez-Vazquez, Lisa Torres, Jodi Eisenstadt, and Jake Nabat.
This Week@Ankin Law is a weekly in-house newsletter highlighting noteworthy events of the week at Chicago's injury law firm. Featured this week of January 18, 2022, are Scott Goldstein, Josh Rudolfi, Gretha Franco, Howard Ankin, Ayo Dosunmu, and Elliot Allan.
This Week@Ankin Law is a weekly in-house newsletter highlighting noteworthy events of the week at Chicago's injury law firm. Featured this week of January 12, 2022 are Brien DiNella, Darrell Johnson, Khushbu Patel, Howard Ankin, and Jacky De LaMora.
At an Illinois Workers' Compensation Commission hearing Scott Goldstein of Ankin Law in Chicago helped an injured trucker receive a $30,520 award for permanent partial disability as he suffered the permanent partial loss of use of 7.5% of his person.
The document discusses the benefits of meditation for reducing stress and anxiety. Regular meditation practice can help calm the mind and body by lowering heart rate and blood pressure. Studies have shown that meditating for just 10-20 minutes per day can have significant positive impacts on both mental and physical health.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
San Remo Manual on International Law Applicable to Armed Conflict at Sea
Appellate Court Upholds WC Commission Decision
1. 2021 IL App (1st) 201403WC-U
Workers’ Compensation
Commission Division
Order Filed: September 17, 2021
No. 1-20-1403WC
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent
by any party except in the limited circumstances allowed under Rule 23(e)(1).
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
FIRST DISTRICT
______________________________________________________________________________
CONIFER CARE CONTINUUM SOLUTIONS, LLC,
Appellant,
v.
THE ILLINOIS WORKERS’ COMPENSATION
COMMISSION et al.,
( , Appellee).
)
)
)
)
)
)
)
)
)
)
)
Appeal from the
Circuit Court of
Cook County
Nos. 2019 L 50523
Honorable
,
Judge, Presiding.
_____________________________________________________________________________
JUSTICE delivered the jud ment of the court.
Presiding Justice and Justices , , and concurred in the
judgment.
ORDER
¶ 1 Held: We affirmed the judgment of the circuit court which confirmed the decision of the
Illinois Workers’ Compensation Commission which found that that the claimant,
, proved that she sustained accidental injuries on July 12, 2016, that
arose out of and in the course of her employment with Conifer Care Continuum
Solutions, LLC. (Conifer) and ordered Conifer to authorize and pay for treatment
recommendations made by the claimant’s physician.
¶ 2 Conifer Care Continuum Solutions, LLC. (Conifer) appeals from the judgment of the
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circuit court which confirmed a decision of the Illinois Workers’ Compensation Commission that:
found 1) that the claimant, , proved by a preponderance of credible evidence tha she
sustained accidental injuries on July 12, 2016, that arose out of and in the course of her
employment with Conifer, and 2) that the claimant’s current condition of Right shoulder ill-being
is causally related to her work injury; and ordered Conifer to authorize and pay for the medical
treatment recommendations of the claimant’s physician. For the reasons which follow, we affirm
the judgment of the circuit court.
¶ 3 The following recitation of the facts relevant to a disposition of this appeal is taken from
the evidence adduced at the arbitration hearing held on November 29, 2017.
¶ 4 Prior to the event giving rise to this action, the claimant suffered an injury to her right
shoulder as the result of a fall in December 2009. The claimant first sought medical treatment for
that injury when she saw Dr. on January 4, 2010. Dr. ordered an MRI of her
right shoulder, which was performed on January 7, 2010. That scan revealed tendinitis of the biceps
tendon. Dr. continued to treat the claimant until November 8, 2010, when she was released
from his care. According to Dr. , the claimant had a normal shoulder exam at the time that
she was released. The claimant testified that, following her release from Dr. ’s care in 2010
until 2016, she had no issues with her right shoulder and sought no medical treatment for the
shoulder.
¶ 5 The claimant testified that, on July 12, 2016, she was employed by Conifer as a third-party
medical billing follow-up representative. When she was on her way to a meeting with her superior,
Lori Fugate, the claimant stopped to use the restroom. The restroom is in an employee-only area
and is only accessible with keycards. The claimant described the restroom as having four stalls.
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According to the claimant, she made use of the third stall, and when she was in a “squatting”
position on the toilet, she reached behind herself to flush the toilet. She stated that, when she
initially pushed the lever, the toilet did not flush, so she pushed harder. It was at this point that she
felt a sharp pain in her right shoulder down to her elbow. Without objection, the claimant
introduced statements from ten of her co-workers attesting to problems with the flushing
mechanism in the third-stall toilet, including requiring greater force to flush the toilet and multiple
attempts to flush. According to the claimant, she was aware of problems with that particular toilet,
but that the third stall was the only available toilet when she entered the restroom on July 12, 2016.
The claimant testified that, after the incident, she went to the meeting with her supervisor,
, and notified her of the accident. It was the claimant’s belief that a report of the accident
was filled out several weeks later by her director, .
¶ 6 Following the incident, the claimant first sought medical treatment for her right shoulder
on July 29, 2016, when she presented to Dr. , complaining of right shoulder pain and
weakness in forward reaching and overhead lifting. Dr. ’s notes of that visit contain a history
of the claimant attempting to flush a toilet at work on July 12, 2016, when she experienced a
ripping sensation in the lateral aspect of her right shoulder. Following his examination of the
claimant’s right shoulder, Dr. noted his suspicion that the claimant sustained a rotator cuff
tear secondary to “*** flushing a malfunctioning toilet with an outstretched posteriorward
reaching arm” and had early symptoms of a frozen shoulder. Dr. administered an injection
into the claimant’s right shoulder, prescribed physical therapy, and ordered an MRI of the
claimant’s right shoulder. The claimant was advised that she could continue working full duty.
¶ 7 An MRI of the claimant’s right shoulder taken on August 3, 2016, revealed distal
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subscapularis tendinopathy, mild posterior supraspinatus bursal surface degeneration/tendinitis, no
retracted rotator cuff tear seen; mild degenerative irregularity anterior-inferior labrum without
labral tear seen; maintained glenohumeral articular surfaces; and mild degeneration osteoarthritis
at the acromioclavicular joint accompanied by a laterally sloping acromion with supraspinatus
abutment.
¶ 8 When the claimant saw Dr. on August 8, 2016, he noted that he had reviewed the
MRI. According to Dr. ’s notes of that visit, he diagnosed the claimant as suffering from
shoulder pain, a traumatic tear of the rotator cuff, and a frozen shoulder. However, when deposed,
Dr. testified that the August 3, 2016 MRI revealed tendinopathy to the insertion of the
tendon with no frank rotator cuff tear. Dr. prescribed pain medication for the claimant and
recommended a course of physical therapy.
¶ 9 On August 10, 2016, the claimant began physical therapy. The therapist’s notes of that visit
states that the location of the claimant’s right shoulder pain was lateral, anterior, and posterior,
which the claimant characterized as constant, dull, throbbing, aching, stabbing, and of moderate
severity, radiating to the elbow. The therapist listed the claimant’s problems as hip pain, lumbar
radiculopathy, low back pain, a frozen shoulder, and a traumatic tear of the rotator cuff. The
claimant continued to undergo physical therapy until the date of the arbitration hearing.
¶ 10 When the claimant next saw Dr. on September 12, 2016, she reported improved
motion but complained of increased pain in her shoulder. Dr. administered an injection to
the claimant’s right shoulder and advised her to continue physical therapy, but he placed no
restrictions on her work duties.
¶ 11 On October 10, 2016, Dr. noted that the claimant’s range of motion continued to
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improve. As of that visit, Dr. found that the claimant’s condition was beginning to plateau.
He recommended that the claimant continue with physical therapy. Dr. placed no
restrictions on the claimant’s work duties.
¶ 12 When the claimant saw Dr. on November 7, 2016, she again reported improved
range of motion. Dr. ’s diagnosis remained unchanged: shoulder pain, traumatic tear of the
rotator cuff, and a frozen shoulder. Dr. testified that he discussed surgical options with the
claimant during that visit, which he suspected would entail a subacromial decompression and
possible rotator cuff repair. The claimant indicated that she wished to proceed with the surgery.
Dr. continued to prescribe pain medication and authorized the claimant to continue full-
duty work.
¶ 13 The claimant saw Dr. on November 15, 2016. Dr. ’s notes of that visit state
that the claimant complained of severe lateral shoulder pain. Dr. administered another
injection to the claimant’s right shoulder and recommended continued physical therapy.
¶ 14 On December 8, 2016, the claimant was examined at Conifer’s request by Dr.
F , an orthopedic surgeon. He testified that the claimant gave a history of having injured
herself at work on July 12, 2016, when she reached behind her back to flush a toilet. During that
visit, an x-ray of the claimant right shoulder was taken which revealed a type I acromion with no
glenohumeral joint space narrowing. Dr. F agreed with the radiologist’s interpretation of
the claimant’s August 3, 2016 MRI as showing: distal subscapularis tendinopathy, mild
supraspinatus bursal surface degeneration/tendinitis, no retracted rotator cuff tear; mild
degenerative irregularity of the anterior-inferior labrum without labral tear seen; maintained
glenohumeral articular surfaces; and mild degeneration osteoarthritis at the AC joint accompanied
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by a laterally sloping acromion with supraspinatus abutment. Dr. F opined that the
claimant’s MRI scan revealed “no traumatic lesions or pathology whatsoever.” On examination,
he found no scapular winging or dyskinesis with range of motion. He believed, however, that,
during his examination of the claimant, she demonstrated inconsistent range of motion indicative
of mild symptom magnification. He testified that the claimant was not credible with localizing
symptoms. He stated that the claimant’s symptom magnification is consistent with his overall
theory, or hypothesis; namely, “that she is symptom magnifying and actually doesn’t have
anything wrong with her shoulder.” According to Dr. F , the claimant’s subjective
complaints were not supported by the objective findings. He stated that her MRI failed to
demonstrate any structural pathology and opined that the mechanism of injury she described was
not of sufficient magnitude to cause any structural pathology. Dr. F found that “[t]here is
no disability associated with the 07/12/2016 work injury.” He reported that, on examination, he
found no clinical evidence that the claimant had a frozen shoulder. Dr. F noted that “[t]here
are no clear preexisting conditions of the claimant’s right shoulder related to the 07/12/2016
injury.” Dr. F was of the opinion that the claimant’s treatment to date was reasonable and
necessary. However, he testified that, in his opinion, the claimant had a resolved right shoulder
strain, that she had reached maximum medical improvement for her right shoulder, that there is no
surgical indication, and that the claimant could continue working without restrictions.
¶ 15 When the claimant was seen by a physician’s assistant at Dr. ’s office on December
9, 2016, she continued to complain of lateral shoulder pain and weakness. She was still working
full duty.
¶ 16 At the time of her January 20, 2017, appointment with Dr. , the claimant again
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complained of lateral shoulder pain and weakness. Dr. noted that the claimant was
significantly symptomatic with lateral shoulder pain and weakness with forward reaching. Dr.
continued to recommend surgery.
¶ 17 When deposed, Dr. testified that he compared the claimant’s August 3, 2016 MRI
with the one taken of her right shoulder on January 6, 2010. He stated that both scans demonstrated
an intact rotator cuff. According to Dr. , the 2010 MRI was essentially normal with the
exception of bicipital tendinitis, but there is an interval change relative to the tendinopathy present
in the 2016 scan. He admitted, however, that it was possible that the changes were due to normal
degenerative process. Dr. was asked his opinion as to the cause of the claimant’s right
shoulder condition and he testified as follows:
“Albeit an uncommon mechanism, what was described to me by the patient was that she
was essentially reaching behind her in an awkward position pushing down on the lever of
– of a malfunctioning toilet. You know, so there’s a tremendous amount of lever force that
the patient was generating specifically because of the posterior reach and the – and the
length of the lever arm, so to speak. And then at that time, she experienced sudden onset
lateral shoulder pain, which would be consistent to pathology to the rotator cuff. Based on
that – and also upon the fact that I had previously seen and treated the patient for a right
shoulder issue that previously resolved, it’s my opinion that the right shoulder pathology
is causally connected to that event.”
Dr. testified that he continued to recommend surgery.
¶ 18 The claimant testified that she is still able to work and had not missed work as the result of
her injury. She stated that she wished to have the recommended surgery, but she had not yet
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received approval from the workers’ compensation carrier. According to the claimant, her medical
bills had been paid “up to a certain point” but some had not been paid.
¶ 19 Following an arbitration hearing held on November 29, 2017, the arbitrator issued a written
decision on February 25, 2018, finding that the claimant failed to prove that she sustained an
accidental injury that arose out of her employment on July 12, 2016, and denied her benefits under
the Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2014)). Specifically, the
arbitrator found that the claimant was not credible and found the opinions of Conifer’s expert
witness, Dr. F , to be more persuasive than the opinions of Dr. , the claimant’s treating
physician.
¶ 20 The claimant filed a petition for review of the arbitrator’s decision before the Commission.
On August 8, 2019, the Commission, with one commissioner dissenting, issued a written decision
reversing the decision of the arbitrator. The Commission’s majority found that the claimant proved
by a preponderance of the credible evidence that she sustained accidental injuries on July 12, 2016,
which arose out of and in the course of her employment with Conifer and that her current condition
of right shoulder ill-being is causally related to her work accident. In so finding, the Commission’s
majority found the opinions of Dr. , the claimant’s treating physician, to be more persuasive
than the opinions of Dr. F , Conifer’s expert witness. The Commission’s majority ordered
Conifer to authorize and pay for the current treatment recommendations of Dr. , including
diagnostic arthroscopic surgery. The mater was remanded to the arbitrator for further proceedings.
The dissenting commissioner found both that the claimant’s accident did not arise out of her
employment and that she failed to prove a causal connection between her condition of right
shoulder ill-being and her accident of July 12, 2016.
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¶ 21 Conifer sought a judicial review of the Commission’s decision in the circuit court of Cook
County. On December 9, 2020, the circuit court confirmed the Commission’s decision, and this
appeal followed.
¶ 22 For its first argument in support of reversal, Conifer states in its brief that “The Circuit
Court’s confirmation of the IWCC’s [Illinois Workers’ Compensation Commission’s] decision
regarding accident is against the manifest weight of the evidence and should be reversed.”
However, on appeal from a judgment of the circuit court either affirming or reversing a decision
of the Commission, although our judgment is addressed to the order of the circuit court, it is the
decision of the Commission which we review, not the circuit court. Travelers Insurance v.
Precision Cabinets, Inc., 2012 IL App (2d) 110258WC, ¶ 33. The issue is not, as Conifer states,
whether the judgment of the circuit court is against the manifest weight of the evidence; rather, the
issue is whether the Commission’s decision is against the manifest weight of the evidence. We
will, therefore, address the issue of whether the Commission’s findings as to accident are against
the manifest weight of the evidence.
¶ 23 Conifer argues that the claimant’s testimony that she suffered an injury on July 12, 2016,
“is simply not credible.” According to Conifer, “her history of the alleged injury is implausible.”
In support of the argument Conifer notes that there were no witnesses to the accident, and the
claimant waited 2 1/2 weeks before seeking medical treatment. It also relies upon the opinions of
Dr. F that the claimant is not credible.
¶ 24 To obtain compensation under the Act, the claimant must establish by a preponderance of
the evidence that she suffered a disabling injury that arose out of and in the course of her
employment. Land & Lakes Co. v. Industrial Comm’n, 359 Ill. App. 3d 582, 591-92 (2005).
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However, before there can be consideration of whether an accidental injury arose out of
employment, the claimant must prove that she suffered an accidental injury. Elliott v. Industrial
Comm’n, 303 Ill. App. 3d 185, 188 (1999). The issue is one of fact to be resolved by the
Commission. Id. at 189.
¶ 25 In this case, the claimant testified that she was injured when she attempted to flush the
toilet she was using in the employee restroom on Conifer’s premises. It is the function of the
Commission to assess the credibility of the witnesses and assign weight to their testimony. ABBF
Freight System v. Illinois Workers’ Compensation Commission, 2015 IL App (1st) 141306WC, ¶
19. By awarding the claimant benefits under the Act, the Commission implicitly found her
testimony that she sustained an accidental injury on July 12, 2016, to be credible.
¶ 26 The Commission’s determination on a question of fact will not be disturbed on review
unless it is against the manifest weight of the evidence. Orsini v. Industrial Comm’n, 117 Ill. 2d
38, 44 (1987). For a finding of fact to be contrary to the manifest weight of the evidence, an
opposite conclusion must be clearly apparent. Caterpillar, Inc. v. Industrial Comm’n, 228 Ill. App.
3d 288, 291 (1992). Put another way, the Commission’s determination on a question of fact is
against the manifest weight of the evidence when no rational trier of fact could have agreed. Dolce
v. Industrial Comm’n, 286 Ill. App. 3d 117, 120 (1996). A claimant’s testimony standing alone
may be sufficient to support an award of benefits under the Act where all of the facts and
circumstances do not preponderate in favor of the opposite conclusion. Seiber v. Industrial
Comm’n, 82 Ill. 2d 87, 97 (1980).
¶ 27 As stated earlier, the Commission implicitly found the claimant’s testimony that she
suffered an injury on July 12, 2016, to be credible. Although the arbitrator concluded that her
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testimony was not credible, it is the Commission that exercises original jurisdiction, and it is not
bound by the arbitrator’s findings. Panganelis v. Industrial Comm’n, 132 Ill. 2d 468, 483 (1989).
Although the claimant delayed seeking medical treatment for 2 1/2 weeks and Dr. ’s notes
state that the claimant reported having experienced a ripping sensation in her right shoulder when
she attempted to flush the toilet, the claimant provided consistent histories as to the mechanics of
her injury to both Dr. and Dr F and 10 of her coworkers gave statements attesting
to the defective nature of the subject toilet’s flushing mechanism. We cannot say that the
Commission’s credibility determination or its factual finding that an accident occurred were
against the manifest weight of the evidence. See Shafer v. Illinois Workers’ Compensation
Comm’n, 2011 IL App (4th) 100505WC, ¶¶ 35-36.
¶ 28 Conifer argues, in the alternative, that the claimant failed to prove that her injuries arose
out of her employment. According to Conifer, the act of flushing a toilet is a normal daily life
activity and, as such, a neutral non-compensable risk. We disagree.
¶ 29 To obtain compensation under the Act, the claimant must establish by a preponderance of
the evidence that she suffered a disabling injury that arose out of and in the course of her
employment. 820 ILCS 305/1(d) (West 2014); McAllister v. Illinois Workers’ Compensation
Comm’n, 2020 IL 124848, ¶ 32; Land & Lakes Co. v. Industrial Comm’n, 359 Ill. App. 3d 582,
591-92 (2005). Both elements must be present at the time of the claimant’s injury in order to justify
compensation. McAllister, 2020 IL 124848, ¶ 32; Illinois Bell Telephone Co. v. Industrial Comm’n,
131 Ill. 2d 478, 483 (1989).
¶ 30 In the course of the employment refers to the time, place, and circumstances under which
the claimant is injured. Scheffler Greenhouses, Inc. v. Industrial Comm’n, 66 Ill. 2d 361, 366
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(1977). Injuries sustained on an employer’s premises and while a claimant is at work are generally
deemed to have been received in the course of the employment. Caterpillar Tractor Co. v.
Industrial Comm’n, 129 Ill. 2d 52, 57 (1989); Wise v. Industrial Comm’n, 54 Ill. 2d 138, 142
(1973). The personal comfort doctrine provides that an employee who, within the time and space
limits of her employment, engages in acts that minister to her personal comfort does not leave the
course of the employment unless the method chosen is so unsound or unreasonable that the conduct
cannot be considered incident to her employment. Circuit City Stores, Inc. v. Illinois Workers’
Compensation Comm’n, 391 Ill. App. 3d 913, 920-21 (2009).
¶ 31 In this case, there is no question that, at the time of her accident on July 12, 2016, the
claimant was in the course of her employment. She was both on Conifer’s premises and working,
and the act of going to the restroom while working is a personal comfort that did not remove the
claimant from the course of her employment. However, even in cases where the personal comfort
doctrine applies, the claimant still has the burden of establishing that her injury arose out of the
employment. Id.
¶ 32 “Arising out of the employment” refers to the origin or cause of the claimant’s injury. For
an injury to arise out of the employment, its origin must be in some risk connected with, or
incidental to, the employment so as to create a causal connection between the employment and the
accidental injury. Typically, an injury arises out of one’s employment if, at the time of the
occurrence, the employee was performing acts she was instructed to perform by her employer, acts
which she had a common law or statutory duty to perform, or acts which the employee might
reasonably be expected to perform incident to her assigned duties. McAllister, 2020 IL 124848, ¶
36; Caterpillar, 129 Ill. 2d at 58.
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¶ 33 No citation is necessary to support our conclusion that the act of using the toilet in an
employee restroom on the employer’s premises is neither an act which the employee is instructed
to perform by her employer nor an act which she had a common law or statutory duty to perform.
The issue is whether the claimant’s use of the defective toilet in Conifer’s employee restroom was
an act which she could reasonably have been expected to perform incident to her employment.
¶ 34 In determining whether a claimant’s injury arose out of her employment, the risk to which
she was exposed must first be categorized. McAllister, 2020 IL 124848, ¶ 36; First Financial
Services v. Industrial Comm’n, 367 Ill. App. 3d 102, 105 (2006). Risks fall into three categories;
namely, (1) risks distinctly associated with the employment, (2) risks personal to the employee,
and (3) neutral risks. McAllister, 2020 IL 124848, ¶ 38.
¶ 35 Employment risks are those that are inherent in one’s employment. They include obvious
industrial conditions that result in injuries or occupational diseases. McAllister, 2020 IL 124848,
¶ 40. They also include injury causing defects on an employer’s premises. Id.; First Financial
Services, 367 Ill. App. 3d at 106. Injuries resulting from employment risks are deemed to arise out
of one’s employment and are compensable under the Act. McAllister, 2020 IL 124848, ¶ 40.
¶ 36 Personal risks include nonoccupational diseases, personal defects or weakness, and
confrontations with personal enemies. Illinois Consolidated Telephone Co. v. Industrial Comm’n,
314 Ill. App. 3d 347, 352 (2000) (Rakowski, J., specially concurring); Illinois Institute of
Technology Research Institute v. Industrial Comm’n, 314 Ill. App. 3d 149, 162-63 (2000).
Included in this category would be injuries sustained by falling due to a bad knee or an episode of
dizziness. Illinois Institute of Technology Research Institute, 314 Ill. App. 3d at162-63. Although
injuries sustained by reason of a personal risk are generally not compensable under the Act, they
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may be compensable in circumstances where conditions of the employment increase the risk of
harm. Illinois Institute of Technology Research Institute, 314 Ill. App. 3d at163, n.1.
¶ 37 Neutral risks have no particular employment or personal characteristics. Illinois
Consolidated Telephone Co., 314 Ill. App. 3d at 353 (Rakowski, J., specially concurring). Injuries
from a neutral risk generally do not arise out of one’s employment and are only compensable under
the Act in circumstances where the employment exposes one to an increased risk of harm.
Metropolitan Water Reclamation District of Greater Chicago v. Illinois Workers’ Compensation
Comm’n, 407 Ill. App. 3d 1010, 1014 (2011). The increased risk of harm may be qualitative, such
as some aspect of the employment that contributes to the risk, or quantitative, as in cases where an
employee is exposed to the common risk more frequently than the members of the general public.
McAllister, 2020 IL 124848, ¶ 44; Metropolitan Water Reclamation District of Greater Chicago,
407 Ill. App. 3d at 1014.
¶ 38 In this case, the Commission found that the claimant’s injuries arose out of her the
employment with Conifer. Conifer asserts that “[t]he act of flushing a toilet is a normal daily life
activity and, therefore, a neutral risk.” We agree. We do not agree, however, that the act of flushing
a malfunctioning toilet is a normal daily activity. Although the Commission employed a neutral
risk analysis in concluding that the claimant’s injuries arose out of her employment with Conifer,
finding that she was exposed to the risk of injury from the malfunctioning toilet to a greater degree
than members of the general public, it also found that, “to a certain extent, the malfunctioning
toilet represented an employment risk.”
¶ 39 We will affirm a decision of the Commission if there is any basis in the record to do so,
regardless of whether the Commission’s reasoning is correct or sound. Freeman United Coal Co.
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v. Industrial Comm’n, 283 Ill. App. 3d 785, 793 (1996). In this case, we find the Commission’s
neutral risk analysis rather dubious, but we find more than sufficient support in the record for its
conclusion that the malfunctioning toilet to which the claimant was exposed represented an
employment risk.
¶ 40 The claimant testified that, when she pushed hard on the toilet’s leaver after it initially
failed to flush, she felt a sharp pain in her right shoulder, running down to her elbow. The claimant
introduced statements from 10 of her co-employees attesting to the defective nature of the flushing
mechanism of the subject toilet, including requiring greater force to flush the toilet. The claimant
testified that she was aware of the toilet’s defective flushing mechanism prior to the event giving
rise to the instant claim. Further, it is undisputed that the subject toilet was located in an employee
restroom on Conifer’s premises. If, as the evidence supports, the subject toilet had a
malfunctioning flushing mechanism and the toilet was located in an employee restroom on
Conifer’s premises, then the risk of injury presented by the malfunctioning toilet was an
employment risk. As noted earlier, injuries suffered as the result of a defect on the employer’s
premises are classified as employment risks, and injuries resulting from employment risks are
deemed to arise out of the employment.
¶ 41 Whether an employee’s injuries arose out of and in the course of her employment is a
question of fact to be determined by the Commission. Brais v. Illinois Workers’ Compensation
Comm’n, 2014 IL App (3rd) 120820, ¶ 19. In resolving questions of fact, it is the function of the
Commission to judge the credibility of witnesses and resolve conflicting evidence. O’Dette v.
Industrial Comm’n, 79 Ill. 2d 249, 253 (1980). The Commission’s resolution of a question of fact
will not be disturbed on review unless it is against the manifest weight of the evidence. Orsini, 117
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Ill. 2d at 44. The foregoing analysis leads us to conclude that the Commission’s finding that the
claimant’s injuries arose out of and in the course of her employment is not against the manifest
weight of the evidence, as an opposite conclusion is not clearly apparent.
¶ 42 Next, Conifer argues, “[a]ssuming arguendo” that the claimant proved that she sustained a
compensable work accident, “she failed to prove causation between her condition of ill-being, if
any, and the incident in question.” Conifer appears to support the argument with the opinions of
Dr. F that the claimant was engaged in symptom magnification and that there is nothing
wrong with her shoulder. The flaw in the argument is Conifer’s failure to recognize that the
Commission found the opinions of Dr. , the claimant’s treating physician, to be more
persuasive than the opinions of Dr. F .
¶ 43 Contrary to Dr. F ’s causation opinions, Dr. testified that the claimant’s
condition of right shoulder ill-being is causally connection to her work accident when she reached
behind herself in an awkward position and pushed down on the lever of a malfunctioning toilet. In
deciding the factual issue of causation, it was the function of the Commission to judge the
credibility of witnesses and resolve conflicting medical evidence. O’Dette v. Industrial Comm’n,
79 Ill. 2d 249, 253 (1980). The Commission found Dr. ’s causation opinion to be more
persuasive than Dr. F ’s contrary opinion, and we are unable to find that its determination
in that regard is against the manifest weight of the evidence. Whether this court might have reached
the same conclusion is not the test of whether the Commission’s determination is supported by the
manifest weight of the evidence. Rather, the appropriate test is whether there is sufficient evidence
in the record to support the Commission’s determination. Benson v. Industrial Comm’n, 91 Ill. 2d
445, 450 (1982). In this case, we believe that there is.
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¶ 44 As a final issue, Conifer argues “[a]lternatively, if this Court finds the opinions of the [sic.]
Dr. ’s more credible than those of Dr. F , *** [the claimant’s] condition was pre-
existing and degenerative in nature and could have been aggravated by any daily life activity.”
According to Conifer, “using a restroom is a normal daily activity and if an act as simple as this
resulted in a shoulder injury, the injured worker failed to prove causation.” We find no merit in
the argument.
¶ 45 First, this is not simply a case of using a restroom. This case involves an injury that was
sustained while attempting to flush a defective toilet. Second, whether a claimant’s disability is
attributable solely to a degenerative process of a preexisting condition is a factual question to be
resolved by the Commission. Sisbro v. Industrial Comm’n, 207 Ill. 2d 193, 205-06 (2003).
Although the claimant sustained a right shoulder injury in 2009, she testified that she had no
problems with the shoulder from the time of her release from care in November 2010 until her
work-related accident on July 12, 2016. According to Dr. , the claimant had a normal
shoulder exam when he released her from care in November 2010. He also testified that he
compared the claimant’s August 3, 2016 MRI with the one taken of her right shoulder on January
6, 2010, and although both scans demonstrated an intact rotator cuff, the 2010 MRI was essentially
normal with the exception of bicipital tendinitis; whereas, the 2016 scan shows an interval change
relative to the tendinopathy present. Dr. admitted that it was possible that the changes were
due to normal degenerative process but nevertheless opined that the claimant’s condition of right
shoulder ill-being is causally related to her work accident.
¶ 46 A work-related injury need not be the sole or principal causative factor, as long as it was a
causative factor in the resulting condition of ill-being. Sisbro, 207 Ill. 2d at 205. In this case, Dr.
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opined that it was, and we are unable to find that an opposite conclusion is clearly apparent.
¶ 47 For the reasons stated, we affirm the judgment of the circuit court that confirmed the
Commission’s decision.
¶ 48 Affirmed.