Illinois Workers’ Compensation Commission affirms favorable decision for employer

The Illinois Workers’ Compensation Commission affirmed Arbitrator’s decision in favor of employer represented by Attorney Jennifer Barbieri. Petitioner, a custodian worker for Respondent for over 20 years, claimed he sustained injuries to his bilateral hands and arms as a result of his repetitive job activities. Petitioner demanded that Respondent authorize surgery for his carpal and cubital tunnel conditions. Respondent denied the claim with Ms. Barbieri arguing that Petitioner’s job duties were not repetitive and did not contribute to the development of Petitioner’s injuries. The Arbitrator agreed with Ms. Barbieri’s position and the evidence put forth on behalf of the employer in ruling that Petitioner failed to prove that he sustained a work-related accident and that he failed to prove that his current condition of ill-being was related to the alleged accident.

The Arbitrator continually relied on Ms. Barbieri’s cross-examination of both the Petitioner, as well as Petitioner’s treating surgeon, as the evidence upon which her decision was based. All benefits were denied. Petitioner appealed the Arbitrator’s decision to the Illinois Workers’ Compensation Commission. Following briefs and oral arguments, the Illinois Workers’ Compensation Commission affirmed and adopted the decision of the Arbitrator and found in favor of the employer on all issues. Utley v. Cahokia School District.

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