News

IFMK Law Partner, Tony Ulm, received a favorable arbitration decision in a workers’ compensation case which was tried in August 2024 in Rockford, IL, pursuant to the petitioner’s Section 19(b) Petition. The petitioner was an employee of the respondent, a nursing home in Northern Illinois, which was represented by IFMK. Petitioner allegedly injured his low back while transferring a nursing home resident. He underwent several years of treatment, including physical therapy, injections, pain management, and surgery.

At trial, the petitioner testified that his injuries precluded him from returning to any future gainful employment. He also argued he was entitled to continued treatment for his low back. In his proposed arbitration decision, petitioner asked for payment of $51,842.81 in outstanding medical bills, $96,927.27 in back temporary total disability benefits, and continued payment of TTD benefits. Petitioner also asked for prospective medical treatment until he reached a state of maximum medical improvement. 

Respondent’s position was that petitioner sustained nothing more than a lumbar strain which resolved after minimal treatment. At trial, respondent entered into evidence two Section 12 independent medical evaluation reports to support its defense of the case. Respondent also presented four witnesses at trial, including two former employees of the respondent, and two investigators who showed video surveillance of the petitioner performing various activities of daily living without any difficulty.

Respondent successfully moved at trial to have the arbitrator determine permanent partial disability. In his decision, the arbitrator awarded petitioner 3% loss of the person as a whole ($3,300), representing a lumbar strain which resolved shortly after the work accident. The arbitrator also found that petitioner was not entitled to any temporary total disability benefits or payment of any medical bills, and he denied the petitioner's request for prospective medical treatment.