IFMK Attorney Michael Bantz obtained a win on a case on review before the Illinois Workers’ Compensation Commission, involving accident and medical causation under the Occupational Diseases Act. The petitioner, a police officer, alleged that he had been exposed to a variety of loud noises--particularly gun shots and sirens throughout his career that caused hearing loss and tinnitus.
The Commission found that the petitioner failed to prove any accident nor any causal connection between his noise exposure and his medical issues. The Commission was upholding the prior win at the trial level.
The petitioner’s medical expert failed to provide persuasive testimony regarding the relationship between his auditory diagnoses and the loud sounds that he experienced at work. When pressed on cross-examination, the petitioner’s medical expert conceded that he could not state with certainty that there was any causative role from his work-related exposure, acknowledging that he had insufficient data to substantiate the petitioner’s claim and also that he lacked details on the types of firearms used, the frequency of gunfire, the use of hearing protection, and many of the key aspects of the sirens involved.
In contrast, the employer’s expert was thoroughly briefed and provided convincing explanations as to how the petitioner’s ear conditions were genetic and the result of natural degeneration, rather than a result of the exposure to the types of noises that he experienced at work.
IFMK was successful in challenging the underlying foundation of the opinions of the petitioner’s expert medical witness, working with the employer to ensure that the respondent’s expert witness was provided with thorough and detailed facts regarding the specifics of case. Congratulations to Michael for this litigation win!