Illinois Workers’ Compensation Arbitrator issues favorable decision for employer

An Arbitrator for the Illinois Workers’ Compensation issued a decision in favor of the employer represented by Attorney Jennifer Barbieri. Petitioner, a bakery worker for Respondent, claimed she sustained injuries to her low back during an unwitnessed lifting accident. Petitioner demanded that Respondent authorize surgery for her low back condition, pay almost three (3) years of TTD benefits, and pay disputed medical expenses. Respondent denied the claim with Ms. Barbieri arguing that Petitioner completely failed to prove that she sustained a work-related accident.

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 she sustained a work-related accident. Based upon the finding of no accident, all remaining issues including causal connection, liability for unpaid medical bills, temporary total disability, and prospective care were rendered moot. The Arbitrator agreed with Ms. Barbieri’s arguments that the contemporaneous medical record did not support Petitioner’s version of events, as well as the fact that the discrepancies in the timing of the injury, mechanism of injury, and Petitioner’s history were not corroborated in the evidence. As such, all benefits were denied. Febus v. Roundy’s d/b/a Mariano’s.

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