
Schiff & Hulbert Builds Savings Of More Than $60,000
For Drywall Contractor.
A carpenter claimed that he was injured while
lifting drywall. Our investigation determined that the claimant
had not reported the injury immediately in violation of the
employer’s policy. He did not seek medical care for
four days. The claimant’s medical history included a
conflicting date for the incident and a different employer,
against which he also had a pending claim. The claimant had
also applied for unemployment benefits, citing lack of work.
The arbitrator found that the claimant was not credible and
denied all benefits. This decision saved the employer more
than $60,000 in medical bills, temporary total disability,
and permanent disability payments. Since the claimant did
not appeal, additional savings in legal fees were realized.
Schiff & Hulbert Saves Scaffold Erector More Than $600,000
In Death Benefits.
The widow of a deceased construction worker
filed a claim for death benefits for her husband. He died
of cardiac sudden death while erecting scaffolding. We conducted
an immediate on-site investigation, which revealed that the
decedent had simply collapsed while standing on a truckbed.
A coworker testified that the decedent did little physical
work and that the job was comparatively easy. Our expert was
board-certified in cardiology, internal medicine, and critical
care. The claimant’s expert had less impressive qualifications.
The Commission held that the death did not arise out of the
employment. The decision was affirmed by the Illinois Appellate
Court, saving the employer death benefits of 20 years of compensation
in excess of $600,000.
Schiff & Hulbert Saves Building Supply Firm More Than
$100,000
in Medical Bills in Claim by Driver.
Schiff & Hulbert defeated a claim by a truck
driver for a herniated disk injury sustained while unloading
a truck. At his deposition, the claimant’s doctor admitted
that his patient never told him about a lifting incident at
work. He did not know what caused the claimant’s disc
herniation. At trial, the claimant admitted he continued driving
for three months after the accident without medical treatment.
The supervisor denied that the employee told the company about
the accident as required by company policy. Company records
showed claimant did not even work on the date he said he was
hurt. The claimant was simply not believed. The claim for
more than $100,000 was denied.
Schiff & Hulbert Saves Transportation Company
More Than $300,000 in RSD Claim.
Schiff & Hulbert successfully defended a
claim of Reflex Sympathetic Dystrophy. The claimant was a
delivery driver. He twisted his ankle getting out of a truck.
His doctor diagnosed RSD. We set up surveillance and he was
filmed walking with a cane to the doctor’s office. He
complained of so much pain he could not tolerate being examined.
A second surveillance unit was waiting for him at his home.
He was filmed throwing his cane in the trunk of his car and
walking briskly. His log showed he drove 22,000 miles after
his accident. Our pain expert testified his driving record
was not consistent with RSD. The arbitrator found the claimant
was not credible and failed to prove causal connection. This
decision saved our client more than $300,000 in temporary
disability, medical expenses and the claimed permanent total
disability. |